If you are considering making a claim, you probably have a lot of questions you need answers to, before you can make the decision to go ahead or not. 'How much compensation will I get?'; 'What type of accidents can I claim for?'; 'Where can I get impartial legal advice?' You'll find the answers to all these questions, and more, right here.
And as far as, 'Where can I get impartial legal advice from?', the answer is, right here. From the moment you pick up the phone, our goal is to help you understand if you have a case to make a claim and then, if you want to work with us, help you get the compensation you deserve. So, if you can't find the answers to the questions you have here, or even if you can and you want to go ahead, call us now on 0800 10 757 95 , our offices are open 24 hours a day, 7 days a week. We're on your side, working to get you the result you deserve.
Please click on the links below for answers to the following questions:
We can help you claim for a wide variety of accidents, illnesses or injuries. Select the most relevant option from the list below to find out more:
If you have suffered an injury in the last three years from an accident that was not your fault you are entitled by law to be compensated. Visit our compensation calculator to see how much you could claim
For a claim to be successful, three things must be proven:
We have a duty of care owed to us in most places that we go and in turn, many of us hold a duty of care for other people. For example, road users have a duty of care to other road users, a shop owner will have a duty of care to its customers, and a local council will have a duty of care to people on the areas of public highway and land.
It must be proven that either action or inaction amounted to negligence. For example, a negligent action would be a driver who was not paying attention at the wheel and drove into a car in front. A negligent inaction would be a shopkeeper's failure to clean up a spilt drink on the floor of the shop.
Under English law, a person can make a claim for injury, illness or accident up to a maximum of 3 years after an accident occurred or an illness was diagnosed, in the case of industrial diseases such as asbestosis. If someone tries to make a claim after this 3-year time limit, it is extremely unlikely that they would be successful.
If the person was under 18 when the accident occurred, the three year time limit is put on hold until the time that they turn 18. This allows them three years as an adult to decide whether to make a claim.
Although a child cannot take legal action by themselves, they can appoint a "Litigation Friend". This is normally a parent or close family member and who can speak on behalf of the child and in the child's best interests during the process.
If you wish to pursue a claim the law allows you three years in which to issue court proceedings. Any later than this and you may lose your right to claim compensation.
In the case of a child (under 21), or someone who has a defined mental disability, the three-year rule does not apply. For example, someone under 21 can claim for an accident that happened at birth.
The other main exception to the three-year rule is when your condition does not develop for many years after the injury was suffered. In this case, the Court will still allow you to bring a claim, with the claim period running from the date you found out about your condition.
Complete the Free claim assessment form opposite or call our Free Claims Advice line on 0800 10 757 95
When third party liability is established, your solicitor will have to prove the value of your claim by obtaining independent medical evidence to substantiate the nature and extent of your injuries and the effect they will have on you in the future. He will also need to gather information about your financial losses and expenses. A Schedule of Financial Losses and Expenses is produced to prove these losses and show the Court they are reasonable.
You are of course free to make your own case for compensation to the Court. This would involve you funding your claim and paying for costs such as medical examinations, police reports and barrister's fees up-front, then claiming these costs back from the third party if you win your case.
The law relating to personal injury is complicated and ever-changing and each case brings its own individual circumstances. Your claim will invariably be against an insurance company who will be experienced in defending themselves against claims such as yours and will have the resources to put up a strong defence.
If you let YouClaim handle your case, we will appoint an expert solicitor who specialises in the particular area of law relevant to your case. You will have the best possible representation to get you the compensation you deserve.
The amount of compensation you are likely to receive depends on a number of factors, including:
If your case is successful you will usually receive compensation for your pain and suffering and any financial losss, which may include loss of earnings, damaged clothing, medical bills and travel expenses.
There are four main areas of compensation that can be claimed for:
This is compensation for the injury itself, including pain and suffering. As every accident is different, and people are affected by their injuries in very different ways, the Court does not put an exact figure on any one particular type of claim.
If you appoint YouClaim to assist you with your case we will arrange for you to see a medical expert, who will write a report on your injuries and the effect the accident has had on your life. This will help to ensure you are awarded a fair and reasonable amount of compensation.
This is compensation for your out of pocket expenses and losses. These can be calculated fairly accurately from receipts or estimates and can include: cost of medical treatment, personal effects damaged in accident, loss of earnings and transport costs.
This is compensation for losses that you are likely to encounter in the future. These are obviously more difficult to assess, so a special calculation is applied to the estimated annual loss to determine a fair figure.
You may also be entitled to interest on some of your compensation. Rates payable vary depending on the type of injury and losses you have sustained. Our solicitor will advise you if you are able to claim this compensation.
Every case is different and every claimant is unique, so we don't just pass clients through on a conveyor-belt. We understand that everyone will need varying levels of support throughout legal proceedings and we always act on that knowledge.
Firstly, our legal advisers will speak to you regarding your case to tell you whether they believe you have a case, or simply answer any questions you might have about the claiming process.
Following this, if we believe that you are eligible to receive compensation, we will appoint an expert solicitor to represent you and help you gain remuneration.
A friendly and experienced claims handler will answer any questions you may have at any time throughout your case and keep you up to date on the progress of your case, and we will appoint a solicitor who specialises in the particular area of law relevant to your accident.
Not only are our solicitors professionals, but they are sympathetic to your situation and will explain everything to you in plain English so that you don't have to worry about legal jargon.
Unfortunately there is no hard and fast answer to this question as, depending on the circumstances of the accident and the nature of any personal injuries suffered, the time taken to achieve a compensation settlement can be anything from a few months to a number of years.
Often there will be some sort of investigation into the accident, particularly in the case of car accidents and workplace accidents, especially if the incident was serious, and it can take time to achieve full evaluation.
In certain cases there may even be a court case to determine liability for the accident and although seeking the services of a solicitor is a good idea from the outset, it may only be after a court hearing that a civil claim for damages can be made.
And if the full extent of personal injuries will not become apparent for many years, after a birth injury for example, the claim will be filed and postponed until such time that the effects on the person's life can be accurately calculated. However, in these circumstances, your solicitor will always attempt to negotiate interim payments from the at-fault party's insurer to ensure that the injured party can receive any treatment, rehabilitation and financial help needed to go forward with his or her life.
At YouClaim we have developed our service so that everything can be dealt with by email/telephone and post. This means you won't have to take time off work to attend meetings and enables us to appoint the very best solicitors to handle your case, regardless of where you live. (Where it is necessary for you to have a medical assessment, your expenses, including any loss of earnings, will be reclaimed from the third party. )
If an accident results in serious injuries, a sufferer should attempt to seek first aid as soon as possible. This will both make the process easier – by providing a written record of their appointment amongst other things – and, help to ensure the health and wellbeing of the potential claimant through early treatment.
In the event of minor injuries, such as bumps and cuts, a sufferer may just want to go home, relax and seek support from friends and family members. However, some injuries may be more serious than they appear and could require immediate medical attention.
Despite the fact that sufferers can make a claim without seeing a doctor, seeking help from a medical professional is always advised.
Your solicitor may recommend that you undergo an independent medical examination.
This assessment should involve a professional who has not treated you before. This is not because the doctor could be untrustworthy, but rather to satisfy a court that this evidence is independent and not biased.
This report will normally establish:
Once a medical assessment has been completed, a solicitor should be able to use this information to prove that the accident occurred and demonstrate how your suffering was directly attributable to another party. The information will also be used to calculate how much compensation you may be entitled to.
You may be surprised to learn that over 90% of these types of cases are settled outside of court. This is down, in no small part, to the process of alternative dispute resolution (ADR).
There are three main types of alternative dispute resolution. All aim for consensus rather than fighting out the issues in a hostile or adversarial sense. Once this consensus is reached, it should be seen as directive rather than strictly binding decision.
The three main types of ADR:
Although ADR can be useful in securing compensation for people who have suffered injury in work or car accidents or cases of medical negligence, in very complicated cases or those worth a lot of money (usually more than £50,000) taking a more formal and traditional route may be the best option.
Everyone is entitled to choose their own solicitor to act for them - even if your insurance company puts you in touch with their recommended solicitor, you do not have to use them. If you have legal expenses insurance you can still appoint YouClaim to handle your claim.
Before instructing a solicitor, you should ask:
Do I have to fund my claim and pay for disbursements (medical reports, barristers fees etc)?
Many solicitors require payment up front. YouClaim's team of expert lawyers require no upfront payments.
People who receive large sums of compensation from claims will inevitably have to think about what they will do with the money.
Experts such as lawyers and accountants tend to agree that one of the best things a person who receives upwards of £10,000 compensation can do is set up a personal injury trust (PIT).
There are several advantages to doing this. They are useful for the purposes of tax exemption, personal finance control and the basic protection of capital. However, they are perhaps most useful in allowing compensation recipients to protect their entitlement to means tested benefits.
Those in receipt of or hoping to receive any of the following means tested benefits should consider setting up a personal injury trust:
While lump sum compensation awards upwards of £6,000 can affect a person's entitlement to any of the above benefits, amounts of £10,000 or more are most likely to affect benefits. Those who receive £16,000 or more should almost certainly seek to set up a trust as sums of this size can lead to people losing benefits completely and only having a trust can mitigate against the possibility of local authorities vetoing a person's entitlement to benefits.
Although money held in a PIT will be guarded by trustees, recent changes in the laws relating to PITs mean that it is now possible for the compensation recepient to spend the money practically however they please.
Simply complete the free claim assessment form opposite and one of our claims negotiators will contact you within 24 hours to let you know whether you have a valid claim. Alternatively you can call us free on 0800 10 757 95.
If you have a valid case and would like YouClaim to help you, we will then appoint a specialist solicitor to pursue your case and keep you informed at every stage of the case until you have received your compensation.
If you have a question beyond those we have answered here, please do take advantage of our free legal advice. Even if you're not sure whether you can, or even want to make a claim, we will give you all the information you need to help you make your decision. Call us on 0800 10 757 95 , 24 hours a day, for friendly, impartial advice, without any obligation or pressure.
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