Do I have a claim?
If you have been injured in an accident (including a medical accident) that was not wholly your fault you may be able to claim compensation. The strength of your claim will depend on many factors, but it may be possible to bring a claim even if it is alleged that you were partly to blame yourself. In most cases where symptoms last a few weeks or more it is worth finding out about the prospects of a claim.

Are there time limits for making a claim?
Yes, there are strict time limits applicable to claims and the limits are very much dependent upon the type and location of the accident. It is important that early legal advice is sought as to the applicable time limits so that the deadline for a claim being made is not missed.

How will I pay for my claim?
Many people have the benefit of legal expenses insurance within their household contents, buildings, motor or travel insurance, or as a perk through a credit card agreement and other types of insurance policies such as these should be investigated first and foremost by providing those policy documents to your solicitor. The policies may be in your name or that of your partner, spouse or someone else in your household. If you are not insured you can choose to pay privately or we may be able to act under a conditional fee agreement, otherwise known as a "no win, no fee" agreement. Legal Services Commission (Legal Aid) funding may be available for claims involving clinical negligence depending on your financial circumstances. Also, some people have legal cover through their employment (eg union funding).

We can arrange for funding to pay for expenses incurred throughout claims such as for obtaining a medical report. Additionally, we can arrange insurance to cover your opponent's costs in case a claim is unsuccessful. If we need to involve a barrister in your case and we are acting under a conditional fee agreement, they are likely to do so too.

What is the difference between a lawyer and a claims management company?
A lawyer is a qualified legal practitioner, either a solicitor, barrister or legal executive, who is regulated by the Law Society, the Bar Council or the Institute of Legal Executives respectively. Claims management companies are not regulated by any of these bodies and often act as middlemen, not actually handling claims themselves.

How long will my claim take?
The average claim should take between 9 to 18 months. However, this will depend on how quickly your injuries heal, whether there are any disputed facts relating to the accident which have to be proved in your favour and the complexity of the issues involved in your particular case.

Will I have to go to court?
The vast majority of injury claims settle out of court. Court action may be necessary to ensure that you are properly compensated if settlement negotiations break down.

Can I receive help with treatment costs?
These days you do not have to wait for the end of your case before receiving financial assistance to help you get better, faster. Where responsibility is accepted for your accident, we can negotiate early payments for approved treatments.

How much money will I receive for my injuries?
If your claim is successful, you will receive compensation for your injuries and the effect of the accident on your way of life. The amount of money payable will be decided in line with published tariff guidelines. In addition, we will aim to recover any financial losses that you have incurred as a result of your accident (e.g. cost of private medical treatment, out of pocket expenses such as travel and painkillers and loss of earnings etc.), as well as losses you can expect to incur in the future.

More information:
Who do I contact?
If you think that you may have a potential claim and you would like to discuss it further with us, please contact our personal injury team for a free initial telephone consultation. If you wish you can supply basic details about your accident using one of the questionnaires below before speaking to us.

Amanda Stevens, Partner
TEL: 01483 252577
EMAIL: amanda.stevens@charlesrussell.co.uk