Personal injury

If you win

If you win, you are required to pay the lawyers charges, expenses, disbursements and any insurance premium which is taken out.  You will usually be able to recover some if not all of these charges from the other side. These fees can be paid from any compensation awarded and no fees will become payable until the outcome of the case is confirmed.

The solicitors’ assessment of risk will include considering all relevant factors; including the merits and value of the claim, the likelihood of settlement, the level of costs likely to be incurred, as to whether the case is heavily dependent upon factual or uncertain expert evidence, and as to the information and documentation available as at the date when the CFA is entered into.

The solicitor will define success criteria and if these criteria are achieved (i.e. the case is won) a success fee will be payable by you in addition to the normal fees.  This success fee will be paid out of any damages that you are awarded. The success fee is subject to a maximum limit of 25% of compensation. 

If you lose

You need to be aware that if the personal injury claim is unsuccessful, you will not be liable for the lawyers’ fees but the opponent, the other side, may seek to recover their costs from you although this is unusual. 

Legal expense insurance

In some insurance policies, you already have legal expenses insurance.  This is also called “before the event” insurance as it can be taken out in advance of a problem occurring. 

To put this in context, your home or car insurance policies are “before the event” policies as they are taken out before you need to claim.

When we review potential personal injury claims, we see whether you can take advantage of legal expenses insurance to cover any potential legal costs which you would have to be pay if the claim is unsuccessful.   You may also be covered as an additional benefit on any pre-existing bank accounts.

If you don’t already have “before the event” insurance, there may also be the opportunity to take out a new policy to insure against an unsuccessful case.  These policies are called “after the event” insurance policies because they are taken out once the incident has occurred.  Solicitors and insurers will review the potential claim and assess the risks to see whether an “after the event” insurance policy can be set up.

What does this mean to you?

If you think that you have a personal injury claim, the first thing you should do is to discuss your claim with our expert solicitor Jeanette Whyman to find out how strong your claim is.

It is really important to work with a personal injury solicitor who will be honest with you and evaluate your case calmly and clearly to see whether your claim will be successful. Jeanette has been working with clients on personal injury cases for many years and will be able to give you this honest assessment. 

This initial assessment is free of charge as it is our opportunity to find out more about your potential claim and you can find out more about how we would propose to handle your case. At this point we would also see whether you have “before the event” legal expenses insurance by reviewing any insurance policies that you have or seeing whether you are entitled through any of your bank accounts. If you do not have this type of insurance we will also consider whether “after the event” insurance is available to you.  

A brief history of no win no fee

No win no fee claims were introduced in 1995, designed to give access to legal representation to everyone, regardless of their financial situation. There were changes in the law in April 2013 which altered the way solicitors were paid using no win no fee but the CFAs which we offer are fully compliant with these new rules.

In order to start the personal injury claims process there are several things we will need from you to help us understand your case, these include:

Preliminary action

There are a number of things that our lawyers will need from you:

1. Details of the accident: date, place and how it happened.
2. Details of any witnesses and / or photographs that may have been taken at the scene of the accident
3. Details of all injuries sustained including diagnosis and treatment.

Other items which are useful include:

1. Proof of loss of earnings and any expenses as a result of your injury
2. Any insurance documents – many people take out legal expenses cover as part of household or motor insurance

Our solicitors will assess the evidence and then advise you if you have a claim for personal injury. The next stage is to understand how your claim will be processed. Our personal injury lawyers will let you know who will be handling your case, how long the case is likely to take and agree how often your case should be reviewed. Finally, and most importantly, our lawyers will discuss funding with you.

There have been a number of recent changes to the way in which claims can be funded but do note that public funding (legal aid) is no longer available for personal injury claims.  We will explain how much your case is likely to cost, how those costs are arrived at and, finally, what happens if you go to court but lose your case. We will discuss all the options listed below in detail with you:

• No win no fee: we can take on your case on a no win no fee basis (Conditional Fee Arrangements)
• Legal expenses insurance: you may be covered under your home, car or other insurance that will pay for all or some of your costs.
• Private funding: you can fund the cost of the claim yourself.
• Damages Based Agreements (DBA) means legal costs are based on the damages you receive. We can discuss the pros and cons of this type of funding with you.

You will need to consult a medical specialist in order to ascertain the extent of your injuries. This can be arranged by our personal injury solicitor who will also use the resulting report to decide on the level of compensation you should seek. Our lawyers will then send a claim letter to the person, or organisation, responsible for your accident (the defendant). This will set out the nature and circumstances of your injury. The defendant should reply within three months (this gives them time to carry out the necessary investigations) either accepting or denying liability for your injuries. If they accept liability then our solicitor will aim to settle your case without going to court.

Our solicitors will give you an indication of the value of your claim but you will need to discuss how much compensation you are willing to settle for. Once agreed, our solicitor will make a ‘Part 36 offer’ which is an offer to settle for the amount of compensation you agreed. The defendant can respond in one of three ways:

• Accepting your Part 36 offer;
• Respond with their own Part 36 offer; or
• Not accepting your Part 36 offer.

If the defendant does not accept your offer, or offers you a lower sum than you are prepared to accept, then our lawyers will advise you on the next steps which may involve going to court.

If your case goes to court, the timetable will be in the hands of the judge. The court will let you know the date of your hearing and our solicitors will let you know what you need to do. The judge will then look at the detail of your case and make an award. Under normal circumstances you can expect to receive your settlement after about a month. 

Statistics shows that 27 million working days are lost to workplace accidents. The most common work accident claims are for slips and trips, closely followed by falls in the workplace. However, there can be more serious injuries when you are involved in an accident at work and the consequences of these can be devastating to your life.

After any accident in the workplace it is important that you visit a doctor as soon as possible to have a full assessment and rule out any unseen injuries. 

Employers Liability

Employers have a responsibility to protect their workforce from accidents and injuries both in their workplace or when acting for them onsite or in another building. This means they are responsible for:

• Providing their employees with the most appropriate tools to do their job. They are also responsible for ensuring the tools and equipment are to a safe standard. Safety wear should also be provided if it is necessary for the job and the tools being used.
• The workplace is safe, including ensuring there are no work place hazards. Floor space and corridors are clean and hazard free. Doors are easily accessible and workstations and seating is appropriate for the job.
• Training is required for certain roles to ensure employees are aware of how to do certain tasks safely for the benefit of themselves and those around them.

You are able to make a claim for an accident at work if you have been injured and someone else is to blame for the incident. 

In 2014 it was reported that road deaths have increased by 3%. Thankfully the roads in the UK are fairly safe with courteous and careful drivers and clear traffic management systems. However, accidents do happen, when they do the consequences to your life can be devastating. You are able to make a road traffic accident claim for compensation if you were injured in a car or any other motor vehicle, on foot, riding a horse, bike or motorbike at the time the accident occurred. 

The most common road traffic claim is for whiplash, an injury to the neck which accounts for 70% of all personal injury claims. However, there are more serious consequences and injuries when you are involved in a car or road traffic accident and the effects of these can be devastating to you and your family.

Untraced drivers agreement

If you are involved in an accident with a motorist who failed to stop you may be able to claim for compensation under the “Untraced Drivers Agreement”, the claim would be pursued against the Motor Insurers Bureau. There are certain conditions; if you are claiming for the damage to your property your accident needs to be reported to the police within 5 days, or within 14 days if you are claiming for personal injury.  

After any accident on the road it is important that you visit a doctor as soon as possible to have a full assessment to rule out any unseen injuries. 

It’s often reported that car drivers do not see motorbike riders until it is too late, at times swerving to avoid road hazards and not seeing oncoming motorbikes or finding motorcycles in their blind spot as they pull out. This can result in an array of accidents from minor bumps through to catastrophic injuries. There are lots of risks for bikers on the road caused by other motorcycle riders or car drivers and road conditions.

One of the more common personal injury claims for motorbike riders is actually potholes on the road. Usually a pothole just causes riders to come off-course but in more serious cases it can cause them to fall off their bikes and injure themselves. In these cases the councils and local authorities who maintain the roads can be at fault.

If you have been injured in a motorbike accident that was caused by someone else you may be entitled to claim for your injuries. 

In 2014 the UK Government released a report showing an increase in the number of road accidents involving pedestrians. There were 400 pedestrian fatalities on UK roads in 2013. A third of pedestrian accidents involve children.  

Any road accident can be serious, but the risk of extreme injury to pedestrians is higher due to the lack of protection they have. Pedestrians should be given right of way by road users but they are not always seen due to driver distractions or people stepping out into the road before looking properly.  Accidents can occur at any time but the majority of road accidents involving pedestrians tend to be when people are attempting to cross the road.

Pedestrians who have been involved in a road accident that is not their fault can claim compensation for their injuries. 

The UK has over 16 million people taking part in sport; with any sport there is a degree of risk and injuries do occur. The majority of injuries are merely pulls and sprains that will heal by themselves and cause no long term issues. Injuries can happen whilst taking part in any sport but tend to be more common in impact sports like football, rugby and ice hockey or higher risk sports such as motorsport and horse related events.

There are occasions when injuries can be more severe and can mean you having to give up a sport you love or change your lifestyle completely. It could be that another person caused your injuries or the venue or organisers are liable for not providing a suitable and safe environment. 

In these cases of sports related accidents it is possible to claim compensation. We can help you to make your claim and seek the medical care you require to get you back on your feet. 

Injuries that occur in public places, supermarkets, parks or on business premises are common. People slipping on wet floors or tripping over broken or uneven pavements are regular personal injury claims.

Slips tend to occur because of wet floors that have not been dried sufficiently or there is not clear and appropriate signage to warn people the floor may be slippery. Trips are usually caused by potholes, uneven surfaces or cabling from equipment which is not securely taped down or covered in a safe way.

Trips and slips accidents can cause a range of injuries from minor bruising and pain through to fractures and head injuries.  These types of claim can be hard to prove but our legal team have the experience and expertise to ensure the evidence is gathering to secure your compensation. 

Regardless of whether it is a car, television, kitchen appliance, tablet or children’s toy; we all expect the products we use on a daily basis to be safe. The UK has strict laws on product safety, manufacture and testing before products can be launched to the public.

Despite these regulations, faulty and defective products do make it in to our homes and workplaces posing a serious risk of injury. Stories in the media of electrical failures causing fires and faulty showers overheating and causing burns are not common but do happen.

There are many types of product that can fail from defective e-cigarettes and faulty mobile phones through to furniture and sports equipment. All of these can cause injury, some more serious than others. If you have been injured by any of these and the fault is with the product it is possible to claim compensation. 

Being involved in animal related accidents can be serious. Horse riding accidents can have very severe consequences; falls from horses have resulted in paralysis for riders, although this is not common. The recent case of Ashleigh Harris who won £3m in compensation for a horse riding fall highlights where responsibility lies when it comes to animal accidents. If the owner of the animal knew or should have known there was a chance of injury or an accident they may be liable.

Animal owners are responsible for the animals in their care; that includes farmers, stable owners, animal trainers and pet owners. It is possible to make a claim for an array of animal related injuries including animals and livestock that have wandered into the road causing a collision. 

Between March 2014 and February 2015 there were 7,227 cases of people needing medical attention due to dog bites. It is often children who are bitten or those who encounter dogs through their work, like postmen and women.

Any dog has the potential to bite, regardless of the breed, age, size and temperament. In many instances a dog bites for a reason, usually fear or as a reaction to pain. However, there are instances of unprovoked dog bites on people. Injuries tend to be to the hands, arms and wrists. Injuries are often sustained by owners trying to separate two dogs who are attacking each other.

To make a claim for dog bite compensation it is important to prove that the owner of the dog was aware or should have been aware the dog may bite or cause injury to a person or that the dog was out of control. This is usually done by showing a track record of aggression or bites from the dog in the past. In the case of dog bites the incident needs to be reported to the police.

Often the owner of the dog cannot be traced. In these instances you are still able to make a claim from the Criminal Injuries Compensation Authority (CICA).

Sadly it is a fact that people die in accidents every year. If the fatal accident was someone else’s fault, it is possible for the family of the deceased to claim compensation. Our client claimed for a fatal accident when her husband was electrocuted whilst carrying out his delivery duties to a farm property. The lack of training and a lack of health and safety contributed to his death.

Fatal accidents can happen anywhere. They can be caused by accidents on the road, in the workplace, during a sporting event or even by an animal or defective product. It is a very emotional time for the family of the deceased as they deal with the shock of losing a loved one in such tragic circumstances, particularly if the accident could have been avoided or if someone else is at fault. In these cases we handle your claim with dignity and care and seek to secure compensation to help you deal with the financial aspects of losing a loved one. 

Burns range in severity and are classified as first degree, second degree and third degree burns. Second degree and third degree burns tend to leave scarring on the skin.

Burns can be caused by many accidents from road traffic accidents and workplace accidents but also from defective products, chemical burns or electrical faults.

The importance with burns compensation is to prove that someone else was at fault. It could be that your employer gave inadequate training in the handling of chemical hazards or that an electrical fault on a defective product caused your burns. In the cases of road traffic accidents it is easier to prove that the burns were a result of the accident. In all cases it is important to use a genuine personal injury law specialist to ensure your case is handled correctly and you receive the full compensation you are entitled to. 

A common industrial injury our team deal with is for vibration white finger (hand arm vibration syndrome). It is caused by the continual use of industrial machinery that vibrates. It can cause long term damage and problems for people and require ongoing treatment and care.

The injury can be quite severe and affect dexterity meaning that everyday tasks can become more difficult or even impossible due to loss of grip and strength to pick up items. Ongoing pain is often a symptom that needs continual care.

In these cases you are able to claim for your financial loss if your ability to work is compromised and the cost of any care or medical treatments you may need.