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PI - Have You Got A Claim.

1. Have I got a claim?

If you think you might have a claim, the best thing to do is call Litigaid Law for free specialist legal advice.

If the accident is totally or in part someone else's fault and you have suffered an injury - physical or psychological - which was caused by someone who should have been taking reasonable care for your safety but failed to then you may have a claim. It might be against a driver, your employer, a fellow workmate, hospital or council. This can include accidents at work, car accidents, medical negligence, slips, trips and falls, and many other types of injury.

2. What is the time limit for making a claim?

The time limit for initiating a claim is usually three years. However, there are a number of exceptions to this, for example children under 18 and claimants suffering from mental disability. Please call to discuss this further.

Also, with some injuries, symptoms can take a long time to develop, such as with asbestosis. In such cases, the time limit runs from when the symptoms first appeared and were linked to the party in question.

If you are uncertain about whether you are still eligible to make a claim within the three year time limit, call Litigaid Law or fill in our online enquiry for today for free, specialist legal advice.

3. How much will it cost?

We offer free initial advice, which includes an explanation of how you can afford legal assistance. For example you may already have legal expenses insurance or union funding. If appropriate we will tell you about no win no fee agreements (see FAQ “Funding Your Case or Claim”).

4. What's involved?

Basically giving us details of the case either in person or over the telephone. Keeping a written record of any losses, receipts where possible and attending a doctor’s appointment so that a report can be prepared on your injuries.

5. Do I need to attend your offices for meetings?

We usually deal with a case by telephone, email and through the post which means we do not need to arrange face-to-face meetings.

6. How much will I receive?

Compensation amounts vary a great deal because injuries affect people in different ways. Some recover quickly, others don't. Injuries are valued by making comparisons with awards in similar cases, and adjusting them as required. There is no fixed tariff because that could work unfairly. We can provide you with some guidelines about what you might expect to receive if you win your claim. The amount in this guide is only for your injuries, pain and suffering. Other losses, for example loss of earnings or treatment costs, will be paid in addition.

Compensation is made up of two parts: • General damages - This is money for your pain, suffering and inconvenience. We will tell you about awards in similar cases. • Special damages - You can claim for loss of earnings, rehabilitation, transport, medical bills and other expenses. We ask you to keep all receipts.

7. How long will my Personal Injury claim take?

This is completely dependent on you and your recovery. Litigaid Law will work efficiently to conclude your claim but it is not always in your best interest to do this quickly.

We are well aware that it is in everyone's interest to settle your claim without delay. Our job is to get you the maximum damages (compensation) in the least possible time. Many lower value claims can be settled in a matter of months. Severe injury or more complex cases generally take longer. But every case is different. If you wish to discuss it further please email or telephone our office to discuss your personal injury claim.

When you receive your compensation the payment is made to you on a once-and-for-all basis (“in full and final settlement”). You cannot re-open your case for any reason once it has been settled. It is therefore important that the settlement of your claim takes into account all aspects of your case. If you have not fully recovered we need to know what the long-term prognosis for your recovery is and that there is no risk of deterioration in your condition. We will obtain a medical report on your condition from a suitable consultant and will advise you fully on the medical evidence and its implications.

8. Will I have to fill out loads of paperwork?

No. We will do most of the necessary paperwork for you. You will have to check the details of your claim before it is put forward, but we can help you with this.

9. Will I have to go to court?

The vast majority of cases are settled without any need for court attendance - over 90% of cases do not go to court. The insurance company does not want to waste time and money defending a case where the facts clearly determine who is at fault. For this reason many cases are settled without court appearances.

10. Isn't the law frightening?

Not when you have a good lawyer explaining things to you properly and looking after your best interests.

11. If my accident happened at work and I make a claim against them, can they dismiss me?

It is not legally justifiable for your employer to dismiss you for making an accident claim. It could amount to unfair dismissal. Also it's important to remember that your employer is required by law to take out insurance cover against staff accidents. This means that your employer's insurance company will pay your compensation, and not your employer.

12. Will people think less of me for claiming?

It's important to remember that accident victims legally deserve to receive proper compensation when they have suffered injury. You are not claiming something for nothing. Modern health and safety regulations exist because over the years ordinary people have been prepared to claim.

Claims succeed because someone else has been careless, or has been in breach of a duty. Most insurance companies already charge premiums to cover such incidents. So there is no reason why anyone should expect you to suffer in silence.

13. Do I have the choice to go to any solicitor to bring my claim or must I go where my insurers or brokers tell me?

You can use any solicitor you choose.

14. Does it matter if I am self employed and injured at work?

No. This is a common misunderstanding. If someone else is negligent you have a claim.

15. What to do next?

If you have had an accident which you think is someone else's fault then please complete our online enquiry form or for further information email us at info@litigaidlaw.com.