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Personal Injury

Have you been injured or made subject to an illness caused or made worse by someone else’s negligence?

If this applies to you, then you may be entitled to submit a Personal Injury claim to recover compensation from those responsible.

Claims for personal Injury can include for example,

  1. Road Traffic accidents, to include pedestrian, cyclist and passenger accidents. Please also visit our separate “Road Traffic Accident” section, which provides helpful and informative information as to how you may start a claim for compensation
  2. Accidents at Work, to include manual lifting injury, back and other bodily injuries
  3. Serious or Significant injury, to include spinal injury, loss of limb and traumatic brain injury
  4. Industrial Disease, to include repetitive strain injury, hearing loss and respiratory problems
  5. Specific Asbestos related injury, such as mesothelioma. 
  6. Slips or Tripping injury, namely claims against the local authority for poor maintenance or sub standard repairs to public places

If so, it is important that you speak to us as soon as possible, taking advantage of our free first 30-minute consultation. We will then be in a position to provide initial advice as to whether you are likely to be successful in your claim and also what compensatory award, you may be entitled to receive. This initial consultation provides the earliest opportunity to record your instructions, whilst the memories of such matters are at their most reliable. 

If your claim has merits, we will progress matters on a “no win no fee” basis. This arrangement protects you from upfront costs. In the event your claim is unsuccessful there will be nothing to pay, save for any pre agreed disbursements. Providing that you have fully complied with the terms of the arrangement.

If your claim succeeds your opponent will be responsible for paying most of your legal fees, with any outstanding amount deductible from your compensation. We will as a matter of course, advise you about any such liability at your initial consultation.

The limitation period for a personal injury claim is 3 years. This means that the Court within must accept any claim 3 years from the date the accident or incident occurred, or for which you had knowledge of, which led to the injuries in question.

In the case of children whom are the subject of a claim alleging harm or personal injury, the 3-year limitation date does not start until the child’s 18th birthday. In other words, a child can make a claim for personal injury compensation up to the age of 21, notwithstanding that such injuries occurred sooner.

The 3-year limitation period is a useful timescale, which allows a reasonable period of time for the true extent of any injury to a child to develop. The best practice however remains to commence a claim as early as possible whilst memories are still fresh and unblemished by the passage of time.

As well as child claimants, personal injury claims can be brought by individuals suffering from mental illness or subject to being treated under the Mental Health Act. In such circumstances, the 3-year limitation period will not start until such individuals have fully recovered and regained their mental capacity.

Any claimant, whom unfortunately dies within the 3-year limitation period, has the limitation period further extended to 3 years after the date of their death. This allows the claim to continue to proceed on the claimant’s behalf, under the control and direction of the claimant’s estate.

In rare circumstances a claim can proceed outside of the 3-year limitation period, even though it is “out of time. For example, you may have sustained an injury or contracted a condition or disease that does not become manifest until sometime after the actual date of the incident. In other cases, it may be the cumulative effect of, for instance, consistently poor working conditions. You will need to take medical advice as to what may have caused the condition, and when.

The law requires that you must be able to show knowledge of the ‘essence’ of the act or omission of the third party, which is alleged to have caused the injury or condition.

The time necessary to complete the claim process is dependent on a number of factors but primarily,

  1. The extent and seriousness of your injuries
  2. Whether your opponent admits liability

Minor injuries and trauma can be settled relatively quickly, usually in a few months. More serious injuries and injuries where it is unclear as to the likely extent and continuing treatment necessary, will take longer. Usually in these cases, medical evidence will be required in order to resolve the level of compensation to be paid. 

The amount of compensation you could receive will depend upon a number of factors to include, but not limited to;

  1. The nature and severity of your injuries, both physical and psychological
  2.  Any current or future loss of income, primarily earnings
  3. Any medical and travel expenses you have incurred
  4. The amount of care and support required both now and in the future
  5. Any modifications necessary in your home to meet your medical needs both for now and in the future
  6. The necessity for any mobility or medical aids both for now and in the future
  7. Your pain and suffering

If your case involves criminal conduct such as a “hit and run” accident, then this may also extend the time necessary to agree compensation, as well as any claim which is disputed by the opponent. In some circumstances where an agreement cannot be reached and your opponent disputes liability, then regrettably court action may well be your only option. 

Our aim is to secure you the best possible outcome and the compensation you deserve, within the shortest possible period of time.

We offer a bespoke, ethical and professional service to all our clients. We are a local firm solidly embedded within the local community fully committed to meeting the expectations of our clients.

Need our Help? You can reach us by calling 01642 430000

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