Accident claims frequently asked questions

What does ‘no win no fee’ mean?

No win no fee means that if your claim is unsuccessful we will not charge you any legal fees for the work carried out.

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Will I have to go to court?

The vast majority of cases never get to court. Most cases are settled out of court by negotiation between your solicitor and the party at fault.

In the unlikely event that your case does go to a court hearing, an experienced solicitor will support you throughout the whole process.

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I’m not sure if I can make a claim?

If you have suffered an injury and it was not your fault, and it can be proven that someone else had been negligent, you should be able to make a claim. Our experts will identify who is responsible for the injury lawyeraccident and pursue a claim for compensation against them.

If you are unsure about whether you have a valid claim you can speak to us in confidence and we will assess your accident and tell you if you have a valid claim for compensation. This service is free of charge.

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How long does an accident claim take?

This will depend on a number of things: the severity of your injury and whether you have ongoing problems, the type of claim and whether the party at fault defends the claim.

The legal system is now set up so that more straight forward claims can be settled in months rather than years. Only the most complex cases will take longer than 12 to 18 months.

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How long have I got to make a claim?

For most types of injury, with a few exceptions, you have to make a claim for compensation within 3 years of the accident occurring. For children the rules are different and you can find information about child accident claim timescales here.

Our advice is always to speak to us at the earliest opportunity if you think you may have a claim.

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What can I claim for and how much compensation will I receive?

The circumstances of each accident are different and the amount of compensation will depend on a number of factors. Compensation payments are generally made up of two parts; General damages and Specialinjury solicitor damages:

  • General damages
    General damages are commonly paid for what is known as pain and suffering. The amount paid under this element will depend on the type and severity of the injury suffered, how long you suffered for, and whether or not you have any ongoing problems associated with the injury. The amount payable for this will be guided by previous precedents, awards which have been made for similar injuries in previous cases.
  • Special damages
    Special damages is a payment which is made to cover your out of pocket expenses. This could be loss of earnings, medical expenses, travel expenses, etc.

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Can I get legal aid for an injury claim?

Legal aid is no longer available for personal injury claims. We will pursue your claim on a no win no fee basis.

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Will I have to fill in lots of paperwork to make a claim?

No. We can complete the majority of paperwork on your behalf.

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Can a child claim compensation for an injury?

If a child under injured child18 has suffered an injury, a claim for compensation can be made on their behalf by a parent or guardian.

If you suffered an injury as a child, and have not yet claimed, you can make a claim up to the age of 21.

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I was a passenger in a road accident, can I make a claim?

Yes. If you suffered an injury you can make a claim. Even if you were travelling in a family member or friend’s car, and the accident was their fault, you can still pursue a claim for compensation.

In these circumstances it is important to remember that your compensation will be paid by the insurance company and not by the person responsible for the accident.

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The other driver was never identified, can I still claim?

Yes. All motor insurers are required to pay into a scheme operated by the Motor Insurers Bureau (MIB). This is effectively a contingency fund which is used to pay out claims arising from accidents caused by uninsured and ‘hit and run’ drivers.

If you have been involved in an accident with an unidentified driver, contact us for advice on making a claim.

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If I claim against my employer, can they sack me?

It is illegal for your employer to dismiss you simply for making a personal injury claim against them. If they were to do this you would be able to make a claim for wrongful dismissal under UK employment law.

Employers are obliged to take out Employers Liability Insurance to cover them in the event of an accident in the workplace. If you make a claim for compensation for an injury at work it will usually be your employer’s insurer who will pay your compensation.

If you are concerned about repercussions from your employer, contact us to speak to one of our advisors in confidence.

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The other driver was not insured, can I still claim?

Yes. All motor insurers are required to pay into a scheme operated by the Motor Insurers Bureau (MIB). This is effectively a contingency fund which is used to pay out claims arising from accidents caused by uninsured and ‘hit and run’ drivers.

If you have been involved in an accident with an uninsured driver, contact us for advice on making a claim.

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What should I do next?

Phone us to speak to an experienced accident claim solicitor. We will ask you some questions about your accident and tell you if you have a valid claim for compensation.

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