Personal Injury Solicitors | Professional Negligence Solicitors

Frequently asked questions

Have I got a claim?
What can I claim for?
How much is my claim worth?
How long will it take?
Will I have to go to court?
How long do I have to pursue a claim?

Have I got a claim?

We succeed on average with 95% of claims and very often we will be able to tell you as soon as we are aware of the circumstances of the claim whether we believe you will be successful.

With trickier claims we will usually write a letter of claim to the third party and if liability is denied we will review with you the options available at that stage before issuing proceedings at court.

What can I claim for?

There are two parts to any claim for compensation for personal injury or medical accidents.

1. General damages (pain & suffering)

This is a claim to compensate you for your injuries. It includes but is not limited to the following examples:

Pain and suffering
Loss of expectation of life
Loss of leisure
Loss of congenial employment - for example where a client has to give up a job he/she enjoys
Loss of enjoyment of holiday

2. Special damages (expenses)

This is a claim to compensate you for your out of pocket expenses. It includes but is not limited to the following examples:

Loss of earnings - past
Loss of earnings - future
Fringe benefits - for example loss of benefits in kind
Handicap in the labour market
Pension loss
Adaptations to property
Aids and appliances
Nursing and care
Medical expenses
Travel expenses

Expenses usually have to be documented.

We must emphasise that these are guidelines only and that compensation is assessed on the specific circumstances of each case.

How much is my claim worth?

For personal injury and medical accidents your claim for General Damages (pain and suffering) will be assessed on the content of the medical reports obtained and relying on previous case law and guidelines issued.

Click here for a sample of common injuries and their values.

We would emphasise that these figures are guidelines only and that compensation is assessed on the specific facts of each case.

Once we have received medical evidence we will be better able to give an indication of the likely award.

Your claim for Special Damages (out of pocket expenses) will depend on the documentary evidence that you produce to support the claim and whether or not the expense in question can reasonably be said to relate to the negligence itself. In the section "What can I claim for?" we have provided some examples of the sort of items which are covered.

It is important that you retain documentary evidence of all items of expense as otherwise the Defendant may refuse to cover these or offer very limited amounts.

For professional negligence claims assessing loss in more complicated and we will advise you on a individual case basis.

How long will it take?

This very much depends on how complicated your claim is.

Very straightforward claims can be settled in a few weeks without formal medical evidence (although we do not recommend this).

Most claims can and do take between 9-12 months where settled without issuing at court.

Where claims are issued at court, proceedings can take anywhere up to 2-3 years.

For the most serious claims it is difficult to predict an accurate timescale but we will continually advise you on this during your claim.

Will I have to go to court?

We understand clients are often anxious about going to court and would like to offer you some reassurance.

In most instances the answer is no, however Court Proceedings do have to be issued in some cases. This may be because the Defendant denies they are to blame, provides no response to allegations made or admit fault but will not make a realistic offer or very often because they are behind with their work.

The vast majority of cases do settle after Proceedings are issued but before a Trial takes place.

Only a small number of cases (less than 1%) are heard by the Court. In most of those the evidence given by you is not crucial evidence. Cases are usually decided on the evidence given by medical experts from both sides. Your evidence will only form a small part of any Court Hearing.

In summary, it is quite possible that papers will be filed at Court, but very unlikely you will have to give evidence at a Hearing.

How long do I have to pursue a claim?

This is a very technical area of law.

Broadly speaking you have three years for personal injury claims and medical accidents six years for professional negligence disputes. However, if you do not find out about your injury or loss until much later a different date might apply.

We will advise you on this point when we discuss your case with you.