trips or falls can happen in a
supermarket, on the pavement, at
another personís property or another
make investigations with the Police,
the Council or owner or occupier of
the land to ensure that we find the
person(s) responsible for your
please secure photographic evidence
of the offending pavement or area
where the incident occurred before
any repair work is undertaken.
1. How do I pay for legal representation?
Legal Expense Insurance
You may have legal expense insurance under your motor insurance policy, household insurance policy, medical insurance policy or even credit cards. If you are a member of a trade union, they may agree to fund your claim.
No Win No Fee Agreement
If you do not have any Legal Expenses Insurance, we will agree to fund your claim under a No Win No Fee Agreement. This basically means if you lose your claim, you do not pay anything. If you win your claim, we will recover our legal costs and disbursements from the third party’s insurance company. You should therefore receive 100% of your compensation. There are exceptions to this which will be explained to you in detail before entering into a No Win No Fee Agreement.
Contingency fee Agreement
We would use such an agreement in a case where you would not be able to recover our costs from the third party. Examples of where such funding is used is in a CICA Claim or a claim where the third party driver is untraceable. Contingency Fee means to take a percentage of the compensation that you will receive
2. How long do I have to make a claim?
If your claim happened in the UK and you are over 18, you have 3 years from the date of the accident to make a claim. There are exceptions to this rule but these can only be exercised in rare circumstances.
If the accident happened when you were under the age of 18, you have 3 years from your 18th birthday to make a claim. This may seem like a long time but a great deal of information can be forgotten or misplaced so please make your claim as soon as possible.
3. How much compensation do I receive?
Each case is different. Your compensation entitlement is split in two:
a) Pain, suffering and loss of amenity (PSLA): An award for PSLA can be claimed for physical and psychological injuries and the general impact of the accident upon a Claimant’s lifestyle. It is valued by comparing the injuries sustained, as set out in medical reports, to previous reported cases in which Claimants have suffered similar injuries.
b) Financial losses: These are also known as Special damages and refer to all other losses you have incurred in respect of the accident ie loss of earnings, storage charges, excess, cost of care, travel expenses, prescription charges, private medical treatment etc. Special damages are only recoverable if they are deemed reasonable and if you can provide documentary evidence in support of the expense having been incurred.
There is a duty on all Claimants to mitigate all losses that are being claimed.
4. How long will my claim take?
It very much depends on the following:
- your injuries
- whether liability is admitted by the other side
Straight forward claims where there is a minor injury may settle within a 12 month period. However, cases of a more complicated nature can take longer. Each case is different and we will do our best to advise you of the length of time we think your case will take when discussing it with you. We will also do our best to ensure that your claim is settled as soon as is practically possible.
5. Will I have to go to Court?
If liability is conceded then your claim is likely to settle without the need to issue proceedings. The Law states that all parties should do all that they can to negotiate a settlement without the need to get the Court involved.
It is unlikely that you will have to go to Court. However, if this should be the case, we will discuss the Court procedure with you and advise you of the process and provide you with plenty of notice for any Court dates.