Common Questions About Serious Personal Injury Claims Process

There are so many questions that our clients ask us when we talk to them on the phone or face to face during our initial consultation so we thought it would be useful for you to have a guide here on the website to answer some of the more common questions.

How much compensation will I get?

This is the most common question we are asked when anyone makes an enquiry about making a personal injury claim. All injuries are given a value on a sliding scale depending on the severity of your injury. The chances of a successful and full recovery are also taken into account and if you are left will an ongoing condition or scarring as a result of your accident, then you will receive additional compensation for this. Although we cannot give you a specific figure, we will be able to give you a rough idea of the amount you can expect, based on other settlements. However, if we do not feel that the defendant insurer is offering you a fair settlement, we will continue to court and let a judge decide on your award.

How long will it take to get my compensation?

This is another question which is almost always asked, and the answer is not definitive unfortunately. Most personal injury claims will be processed through an online electronic portal, which has strict time limits in place. If your claim is suitable for this process, and providing you are recovering from your injuries and have no complications, you may receive your compensation within a couple of months. However, no solicitor will ever settle your claim if you are not yet fully recovered, or if a doctor is unsure about the length of your recovery and your prognosis. If your claim is on-going, we may be able to apply for an interim payment from the other side, providing they have admitted liability. This payment will be advanced to you, and will be deducted from your final settlement.

What will it cost to make a claim?

The government recently made changes to the way in which personal injury claims are funded. This means that we are no longer able to recover all of your legal costs from the other side. This does not mean that you will be facing a large legal bill though. We will make it clear right from the start what your costs will be, and we won’t expect a penny until you receive your compensation. There are a number of different options to consider when looking to fund a personal injury claim and we will advise you which one is the most suitable in the circumstances.

How long have I got to make a claim?

The time period for personal injury claims is usually 3 years from the date of your accident, however it is not always that straightforward and there are variations. It is important that you get advice from a solicitor as soon as you can because missing the deadline will leave you unable to make a claim at all. Even if you are near the end of the 3 year period, we can take steps to protect your right to claim.

What is ‘No Win, No Fee’?

A ‘No Win, No Fee’ agreement is actually called a Conditional Fee Agreement or CFA. This agreement lays out how your legal costs will be paid for when making a claim. If you win, the losing side will pay most of your legal costs and if you lose, you will have an insurance policy in place to pay the legal costs of the other, so you are not liable. In the event you lose, you will not pay us any costs for running your case either. So you can see, No Win, No Fee does what it says it does, is relatively straight forward and is a good way of funding a claim, with little risk.

Will I have a large legal bill if I lose?

As long as you follow our advice regarding your funding options, you will never face a large legal bill. In the event you should lose your claim and are therefore liable for the other side’s legal fees, an insurance policy will cover these costs for you. You will need to pay for this policy though, as this is no longer recoverable from the other party.

Will I have to undergo a medical examination?

You will have to attend a medical assessment, but this will be booked at a time and place that is convenient for you. This medical examination will give us the evidence we need to value your claim and to demonstrate how the accident and your injuries have affected your life. You will be asked questions about how your work life has been affected and in addition, any hobbies which have been affected such as playing football or going to the gym.

Why should I use a solicitor?

By utilising the services of a specialist personal injury solicitor, you can be sure that the insurance company you are claiming from does not try to under settle your claim. These companies are answerable to their shareholders and therefore will try to pay as little out as possible in compensation. Without a solicitor working on your case, you will find it impossible to know what your injuries are worth and once you have taken the money you have agreed this in ‘full and final settlement’ of your claim. This means that if you do not recover fully, you will not have been compensated fully and left with no opportunity to recover this money.

The insurance company has made me an offer – should I accept it?

No you shouldn’t, especially if you have not yet had a medical examination. Your injury may seem straight forward, but it may have caused degeneration to an existing condition or actually be more complicated than you think. If you accept the insurance company’s offer, you may be settling prematurely. In addition, the Law Society says that you will receive two to three times more if you use a solicitor to help with your compensation claim. Whilst it may look an attractive offer, you may be able to double or triple it with a solicitor representing you.

Hopefully this has given you the answers to most, if not all of your questions but if you still need help or you would like to discuss making a personal injury claim, please call us on 0800 056 0346 or if you are calling from a mobile on 0208 520 4555 and one of our team will be happy to help.

If you would rather contact us online, please email law@romcolelaw.co.uk or complete our Free Online Enquiry and we’ll be in touch shortly.