Do not decide against making a claim on the grounds of possible legal costs
Seek free legal advise first

Will my case go to court?
The vast majority of cases are settled before they get to court, but some may ultimately proceed this far. Preparing a claim for court can also be a time consuming exercise, so do not be put off by long waits and lengthy delays, it is often the norm.

The Procedure
After your solicitor has assessed your case, a claim will be made against the relevant person or body and their insurance company will become involved. Remember that employers are required by law to be insured for accidents occurring to employees and it is the insurance company, not the employer, who foots the bill for any compensation you win

Your solicitor will investigate your case, drawing together witness statements, accident reports and relevant documents relating to your own and any other previous incidents that were uncovered Evidence may be obtained from independent experts such as consulting engineers It is likely that you will be requested to attend a medical examination to assess the nature and extent of your injuries and their future effects The insurance company may also request that you are examined by their doctor

It is the insurance company which makes a decision on whether to meet your claim. Whilst some insurance companies may indeed choose to meet your claim, others may not. However, this is not unusual, nor is it a cause for concern. Many claims which are turned down by insurance companies subsequently succeed in court

Sometimes, the reason why a claim has not been met may be because the insurers could not reach agreement on compensation Your solicitor is an expert in these matters and will advise you on the merits of any offer made.

The possibility of impending court proceedings is often enough to persuade the insurance company to sit down in an attempt to resolve your claim. However, if no agreement can be reached, you may then have to go to court.

Time Limits
Even if you do not think that you require immediate medical attention you should still consider visiting your doctor or the local accident and emergency department Some injuries may not give rise to symptoms until sometime after the accident (e.g. from whiplash injuries to the neck and back)

Seek legal advice and pursue your claim as quickly as possible. If court proceedings in respect of your claim are not started within 3 years of your accident, the courts are likely to hold that your claim is out of time However, whilst this 3 year limit is very strictly enforced by the courts, do not despair, there may be circumstances in which it is possible to bring your claim outside the 3 year period Your solicitor will advise you if there are any legal loop holes you can pursue

Please note that if you were under 18 when you had your accident then the 3 year period does not start until your 18th birthday and therefore court proceedings can be commenced at any time until you are 21 years of age

However, you should pursue your claim as soon as possible when witnesses are more likely to accurately remember what happened and more evidence will be available

If you are in any doubt, Complete our short online enquiry form to get free claims advice without obligation.

If your claim is successful, you will be awarded compensation such awards are intended to put you in the same financial position in which you would have been had your accident not occurred

Damages are assessed under various categories which include

Damages for pain, suffering and loss of quality of life
This type of damages are often called general damages and is the compensation that you receive for the actual injuries that you have sustained The amount of compensation that you get will depend on the nature and extent of your injuries and the effect on your normal activities such as sports and hobbies

You may be entitled to damages if you witness or are involved in an accident in which someone else is injured and if you suffer a psychiatric injury

Damages for your financial losses
This type of compensation is also known as "special damages" and is compensation for all losses you have suffered or expenses that you nave incurred because of your injury

These will include

Loss of earnings (net of Tax and National Insurance)

Any private, medical or therapeutic expenses (e.g. physiotherapy)

The cost of any aids and equipment that have been purchased

traveling expenses incurred by you and your relatives

Damage to your motor vehicle or other items involved in the accident

Cost of car hire

The value of care that is provided to you by your family, partner, or friends after you were discharged from hospital, to the date that your case is settled This will take into account loss of earnings suffered by anyone who has provided care support for you

It is important that you keep a note of all of the expenses that you have incurred and retain receipts for items purchased as a result of the accident so that your solicitor can prove that you have suffered these losses

Damages for future losses and expenses
Some people who have sustained serious injuries suffer long term losses and expenses as a direct result of their injuries Calculation of the actual' sums involved is complicated, however, compensation will take into account some or all of the following

Future loss of earnings, including the loss of any promotion prospects

Loss of pension rights

Costs of providing all personal care support required in the future, even where it is likely that a relative will provide care on a voluntary basis

Costs of a Case Manager, if this is necessary

Damages representing the losses incurred if special accommodation is required including any extra domestic expenses

Costs of physiotherapy and any other specialist therapeutic services

Costs of any special aids and equipment including their annual maintenance and replacement costs

Extra costs of transport, particularly if a specially adapted vehicle is necessary