YOUR QUESTIONS ANSWERED

1. What compensation can I expect as a result of my accident?
2. Do I need to use a solicitor?
3. What is the likely cost of me pursuing a claim?
4. How long will my claim take?
5. Have I got a claim?

1. What compensation can I expect as a result of my accident?

There are two types of damages: General and Special.

General damages compensates the victims of accidents for pain, suffering and loss of amenity. Damages are assessed with reference to past awards and are awarded by reference to the Judicial Studies Board Guidelines. The Judicial Studies Board Guidelines set out all types of injury and the current levels of compensation that are being awarded for that injury.

Special damages are awarded to compensate victims for financial losses which have been incurred as a direct result of the accident.

Special damages include:

• Loss of earnings
• Loss of overtime
• Loss of bonuses
• Nursing care and assistance provided to the injured person
• Travelling (taxi fares, bus fares and visits from friends and parking costs)
• Care and assistance
• Alternations to current accommodation and cases of serious ongoing disability
• DIY and gardening costs
• Child minding costs

In order to recover items of special damages, the court must be satisfied that the expense has been incurred as a direct result of the negligence of the defendant who caused the accident and that the loss/ expense is reasonable in all the circumstances. There is a duty on each claimant to mitigate such losses.

2. Do I need to use a solicitor?

We would advise that solicitors should be used for the investigation and settlement of all personal injury claims. There are various firms who have established themselves as claims assessors who seek to undertake personal injury on a contingency basis. However, following an investigation by the Department of Trade and Industry it was ascertained that a substantial number of claims handled by claims assessors were settled at a substantial undervalue. Solicitors are regulated by statute and the Law Society has a special panel of accreditation.

3. What is the likely cost of me pursuing a claim?

It is difficult to predict the cost without knowledge of your details. We would recommend to book a free consultation appointment at which we would be able to provide you with an estimate. There are a number of fee options available (e.g.: no win, no fee), for you to choose from.

4. How long will my claim take?

It is extremely difficult to properly estimate the length of time a claim will take. A straightforward injury claim with a quick full recovery where there is no dispute over who is to blame, can be dealt with within a matter of a few months. Any claim where there is serious significant potentially permanent injury and also where there is a dispute over who is to blame for the injury, can take a much longer time. The court do have a set of rules in relation to controlling the time period over which claims take by providing a timetable by which legal representatives and both the Claimant and Defendant have to comply. In practical terms, if the parties adhere to that timetable then all claims should be able to be concluded, subject to the availability of a final medical prognosis, within two years of the date of an incident. In any event, any personal injury claim must be issued in court within three years of the date of accident failing which a claim will be in all likelihood time barred from pursuing the claim. We will be in a position to give you a better estimate of how long your claim will take when we have considered the individual circumstances of it. Please contact us for such an assessment.

5. Have I got a claim?

The simple answer to this question is that each potential claim will have to be determined on its own merits. If you complete the online application form and send it to us, we will give you an immediate assessment on the merits of your potential claim within 24 hours of you submitting the application form. In the alternative, you can telephone our office on the free phone number that is provided and speak to a personal injury solicitor who can give you that appraisal.

The main thing is that as soon as you know you have been injured in an accident, you should contact a solicitor to discuss your potential claim. Early reporting of the accident to a solicitor can assist in preserving evidence and thereby increasing the prospects of succeeding in your claim. Once again, please contact us through either the online application form or on the free phone telephone number on this website.