No Win No Fee Compensation Claims
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Claiming for Compensation
How can Wosskow Brown Solicitors help you claim compensation after an accident?
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No Win No Fee Compensation Claims
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Our No Win No Fee agreement means you can pursue an accident compensation claim, without having to worry about paying any upfront legal costs. Should your compensation claim be unsuccessful, our No Win No Fee agreement will provide you with the peace of mind that you won’t be charged, and left out of pocket. You shouldn’t be put off claiming compensation due to any financial risk. You should rightfully seek the compensation you deserve after an accident that wasn’t your fault.
Claiming for Compensation
Although claiming compensation cannot take away what you’ve been through, we understand that it can make a big difference in easing financial pressure and help you get back to your normal self. The aim of a personal injury compensation claim is to put the injured party back into the position they would have been in had the accident not have happened.
What is Compensation?
Compensation is typically a financial settlement awarded to someone in recognition of loss, suffering and/or injury.
Making a personal injury compensation claim is when someone has been injured as a result of an incident that was not their fault and pursues a claim for compensation. Compensation awarded, as a result of a claim can cover; loss of earnings, cost of medical treatments, cost of rehabilitation, and other related expenses.
In order to qualify for personal injury compensation in England and Wales, you have three years from the date of the incident or accident which caused your injuries to claim. Also, injury suffered must have been a result of an accident or negligence, caused by somebody else.
Claiming for Compensation for Personal Injury?
You are legally entitled to make a personal injury compensation claim if you have experienced injury or illness as a result of the actions or negligence of someone else; this can be physical or psychological in origin.
Many people are often unsure on whether they can make a claim for compensation as it can seem complicated and not always clear who is at fault.
Everyone has a right to be kept safe from harm, whether you’re an employee, patient or member of the public; you are owed ‘duty of care’. Duty of care is a legal obligation of an individual or organisation to act in a reasonable manner to protect your safety. If this duty of care is breached it means the individual or organisation didn’t meet this legal obligation, and as a result caused you injury of some degree, that you wouldn’t have otherwise experienced.
So if you have been wrongfully injured at the expense of others actions, it is your legal right to be compensated for any losses you may have incurred.
The easiest way to find out if you are entitled to a compensation claim is to speak to a member of our Personal Injury Team. We’re happy to help and take time to talk through your case, understand the impact it’s had, and advise you on the next steps to take.
How is Compensation Calculated?
The amount your compensation amounts to is completely unique to you and is based on your accident and the impact it’s had on your life.
Due to this, it is difficult to say how much compensation you could receive before you begin your claim, as there are a number of factors that will need to be considered when negotiating your claim for compensation.
There are two elements to personal injury compensation which are to be calculated: General Damage compensation, intending to reflect the physical and emotional pain/suffering caused; and Special Damages compensation, for any financial losses and out of pocket expenses.
General Damages are to be based on the extent of your injuries, and this information will be determined by a medical expert. These will then be used to compare your case to the Judicial College Guidelines. These are legal guidelines that set out how much compensation certain injuries should be awarded; based on that of previous cases.
Special Damages are a more straightforward calculation whereby all finances lost as a result of your case are added together; but again will be entirely dependent upon your individual circumstances. Some examples of the types of financial losses you may have suffered are:
- Loss of earnings (past and future)
- Loss of employment
- Loss of pension contributions
- Cost of care and assistance
- Damage to personal belongings
- Cost of treatments and medication
- Vehicle Damage
- Vehicle Hire
- Travel costs
- Housing costs (adaptions or maintenance you may have previously done yourself)
If your claim is successful, the amount of compensation you receive will depend on the severity of your injuries, rehabilitation needs, and the amount of money lost as a result of the incident and injuries sustained.
How long will it take to receive my compensation?
It isn’t possible to say exactly how long your personal injury compensation claim will take to settle. This is due to every claim for compensation being unique to the individual. The amount of time will depend upon your injuries and your recovery, as well as acceptance of blame by the other side and how many parties, are involved.
The more complex, the more time your claim is likely to take. This could be stressful, particularly financially, if for example you are without income and/or in need of specialist care whilst your claim is ongoing. In this case, it is often possible to receive part of your compensation before settlement, in the form of ‘Interim Compensation Payments’. These payments can be made to reduce any financial difficulty during the process of your claim being pursued and will be deducted from the final amount of compensation.
How can Wosskow Brown Solicitors help you claim compensation?
If you’ve been involved in an accident as a result of someone else actions, or negligence, we’re here to help you get back on track and assist with your claim for compensation. Our Personal Injury Team has experience in a wide range of claims and would be more than happy to talk through your case with you and advise on the steps you need to take.
Frequently Asked Questions
How long will my claim take?
A compensation claim for a serious injury must follow the general claim timescale, and be made within 3 years of the incident which caused the injury. However, there are exceptions to this rule that could apply depending on the circumstances:
- Mental Capacity - If a person is judged to lack the mental capacity to take legal action, the 3-year limit will not apply until and unless the individual regains capacity.
- Children - If a child suffers from a serious injury, the 3-year limit doesn’t start to run until their 18th birthday.
- Criminal Assault (CICA Scheme) - If an injury was a result of a criminal assault, the time limit on the claim to the CICA is only 2 years unless either of the two above points applies.
- Date of Knowledge - Particularly relevant to clinical negligence and industrial disease cases, the 3 year limitation period only begins once the individual is aware of the injury/disease. This is a complicated area of law, and it’s always best to make a claim sooner rather than later.
What evidence do I need?
If you have been involved in a serious accident, there are certain things you should do:
- Seek medical attention - You must ensure that you get the medical treatment necessary for the severity of your injuries; plus a medical report is a very important document when it comes to claiming compensation.
- Contact the police - Additionally, a police report is crucial when filing for a personal injury claim especially in serious Road Traffic Accidents.
- Take Pictures - If possible take lots of photographs of the accident scene, or ask someone else to on your behalf; including photos of injuries and any damaged vehicle/property. These will act as important pieces of evidence when claiming compensation.
- Get witness details - Make sure contact details of any witnesses to the accident are collected. Having a witness will play a key role in proving that the accident wasn’t your fault.
How much compensation can I claim?
There are several factors that will contribute to the decision of how much compensation is to be rewarded:
- The severity of the injury and future medical treatment required
- Loss of earning and/or ability to work
- The extent to which another party is responsible
- Level of care and support required that you need both now and in the future
- Future needs in terms of care, aid, and appliances you require in everyday life
- Life expectancy
As well as any medical expenses/treatments and loss of earnings, following a serious injury, you may also be able to claim compensation for other damages such as:
- Rehabilitation - A vital part of your recovery, which can be very expensive. Treatments can take a long time, especially when undertaking for example physiotherapy, vehicle adaption and prosthetic rehabilitation. A continued rehabilitation package may be required.
- Travel Expenses - A lot of money can go into travelling to and from hospitals and other various facilities both now and in the future.
- Care and support - You require extra care and help following an accident, this may be from family or a professional care regime.
- Adapting accommodation - If the injuries result in disability, which affects mobility and function, suitable accommodation will have to be considered.
- General Damages - This accounts for the pain and suffering you experienced as a result of your injury
You can claim on behalf of another person if necessary. This might be a family member or loved one, who lack the capacity to do it themselves, or needs help making the claim. Responsibilities when taking on this role will include talking to a solicitor and making decisions regarding the victim’s claim.
How long do I have to make my claim?
Generally, a person has 3 years from the date of their accident/injury to make a personal injury compensation claim; or court proceedings must have begun within this time period.
There are some exceptions to this, which our Personal Injury Team would be able to advise you on. For example, for a child, the time limit begins on their 18th birthday, and there is no limit for anyone who does not have mental capacity.
We would strongly advise contacting us as soon as possible after an accident, allowing as much evidence to be persevered as possible, to help your case.
I haven’t been to my GP or Hospital - Can I still claim?
Yes but given that you have not sought any medical attention your injuries may be seen as minor in nature.
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