Frequently asked questions about personal injury claims

WHEN CAN I MAKE A PERSONAL INJURY CLAIM?

With personal injury claims, there are strict time limits which have to be adhered to, however, these can vary and usually depend on several factors such as:

• The nature of your incident;
• The extent of your injuries;
• Where the incident took place;
• Who you are bringing the claim against.

It is essential that you make enquiries about your claim as soon as possible following the incident.

English law specifies that personal injury claims are made within three years from the date of accident, which means that court proceedings must have started within:

• Three years of the date of the incident;
• Three years from the date that you became aware of it - this applies in cases where you have an illness that was caused by work.

There are different time limits if your accident took place outside England and Wales, or while you were travelling in other countries. In most cases, time limits and legal processes vary from country to country, but it is worth noting that in many countries, the time limits are much shorter than three years.

In addition, if you have been involved in an air or marine incident, or are claiming after a criminal offence, the time limit is often shortened to two years.

The court will allow a case to continue beyond the time limit period in very limited circumstances, and you should not assume that you will be granted with discretion. If you think that the time limit for making a claim may have expired, you should seek advice from a solicitor.

WHAT IF I AM CLAIMING ON BEHALF OF SOMEONE ELSE?

The time limits outlined above do not apply to children, who can proceed with a legal case any time before their 21st birthday, along with those who are unable to claim because of a mental incapacity of managing their legal affairs.

HOW MUCH DOES IT COST TO MAKE A CLAIM?

In most cases, contacting a solicitor for initial advice on a legal claim will cost nothing. Usually, the solicitor will review your case, then inform you of any possible charges.

HOW WILL MY CLAIM BE FUNDED?

There are a number of options for funding your claim, including:

• A conditional fee agreement;
• Membership in a trade union - they could provide help with some legal issues;
• Legal expenses insurance - as part of your household or car cover, you may have expenses to help with legal costs.

Public funding is now only available in cases involving children with brain injuries, which have resulted in severe disability, and were detected during pregnancy, childbirth or up to eight weeks after the baby’s birth.

If you do not have legal expenses provided, or are not a member of a trade union, then a no win, no fee arrangement is recommended.

HOW MUCH COMPENSATION WILL I RECEIVE?

The amount of compensation you will receive is dependent on several factors. These include:

• How much your incident has impacted your life;
• The severity of your illness or injury;
• How much money you have lost, or will lose, as a consequence of your injuries;
• Whether you will need additional support in the future.

WILL I BE HELPED IN MY REHABILITATION?

Our team of personal injury solicitors is dedicated to helping you get the support you need at this emotionally and physically testing time. Rehabilitation is of equal importance to financial support, so we will do everything we can to help you gain access to the best facilities.

Rehabilitation is not simply important to the patients themselves, but it can also help the families of those involved in serious incidents that have resulted in injury.