When we have been injured, through no fault of our own, we may consider submitting a personal injury claim, but there may be many questions which may spring to mind, so we have compiled a list of our most frequently asked questions and have provided the answers below.
Simply click on the question you want to ask and the page will automatically direct you to the answer.
How much compensation will I receive?
Is there a time limit for submitting a claim?
My child is under 18, can they claim?
Can I claim loss of earnings and out of pocket expenses?
To make a successful claim for personal injury, you should be able to prove that your injuries are directly a result of another’s actions.
Proving your injuries is usually straight forward as any treatment received will be documented but proving who is responsible can sometimes be difficult as you would need to prove that another was legally responsible for you and they failed in that responsibility.
To determine if you have a valid claim for compensation, you would need to determine the following: -
Someone had a duty of care towards you
That duty of care was neglected
What can I claim for?
Any kind of personal injury suffered in the last three years as a result of a non-fault accident can be claimed for whether it is a road traffic accident, workplace injury or fall in the street.
How much compensation will I receive?
The level of compensation for a personal injury claim is determined by a set of criteria including but not limited to:-
The extent of your injuries
The effect of those injuries on your everyday life
Any financial losses you have suffered as a result of the injuries
Usually, successful case will provide compensation for the injuries and recover any financial loss including but not limited to such as loss of earnings, damaged clothing and travel expenses.
Is there a time limit for submitting a claim?
The law allows you three years from the date of incident in which to issue proceedings. Attempt at issuing proceedings after this date may be unsuccessful.
For a person under the age of 21 years, the three-year rule does not apply, until that person reaches the age of 21.
Also, if a condition is not diagnosed until after the injury initially occurred, the three-year rule again does not apply as the law allows for three years from the date of diagnosis.
My child is under 18, can they claim?
Yes, however a parent would have to submit a claim on behalf of the child.
Not a penny! Our solicitors operate a Conditional Fee Agreement, more commonly referred to as No Win No Fee, which means if you win your case, all costs are recovered from the third party and should we not succeed, all your costs are written off.
Personal Injury Experts are not a firm of solicitors and as such, we will not offer you any legal advice but we will present the details of the incident provided by you to the solicitor who is best placed to manage your claim .
There are no set time limits in place to facilitate a claim, however, depending on the type of incident and the extent of the injuries sustained, a good assessment will be anywhere between six months and two years to settle a personal injury claim.
Other than the medical attention you have already sought, it should not be necessary to make any further visits to your GP or hospital other than what you have already been advised as part of your ongoing treatment. Any treatment will be recorded on your medical records and can be used as evidence.
Can I claim out of pocket expenses?
In the majority of cases you should be able to claim back these expenses but it is always wise to keep all receipts as proof of the expense together with a list of what the expenses were for.
That is understandable. Initiating legal proceedings can be a very daunting experience but as our solicitors are sensitive to the anxieties of those making a personal injury claim, we try to make the process as quick and smooth as the claim allows.
If you are uncertain whether to pursue a claim for personal injury compensation, then feel free to pick up the phone can contact one of our experience claims advisers, to discuss your queries in more details.
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