Accident Claims FAQs

What can I claim for?

 
Claims for personal injury are divided into to parts. These are;
 
(i) Compensation for your injury and loss of ability, known as General damages and
 
(ii) Compensation for your financial losses arising from the accident, known as Special damages.
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How is my compensation calculated?

 
In order to calculate your general damages we will require a medical report. Once a prognosis is available which we are happy to rely upon, we will match details of your injury with other cases which have already been to court. We will then look at how much those particular claimants were awarded in order to advise you as to how much you could expect to receive.
 
In order to calculate your Special damages, we require you to keep details of all expenses incurred as a result of the accident, together with documentary proof where appropriate. We will also obtain information from your employer in order to calculate your loss of earnings, both past and future (if your injury is so serious). For complicated claims it is usual to employ other professionals to assist with the calculation of your claim, for example an accountant or actuary, to calculate future loss of earnings and loss of pension, or an employment consultant to advise as to any future disability on the labour market. The majority of claims are however fairly straightforward to calculate.
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How do we choose which medical expert to use?

 
This depends upon your injury. A consultant is usually instructed and we have a number of consultants who we regularly instruct. An orthopaedic consultant for use in whiplash claims; a psychologist or psychiatrist where there has been mental trauma as a result of the accident; a plastic surgeon where there has been scarring or a neurologist where there has been a head injury are some examples. It is usual for both sides to agree on the instruction of a joint medical expert. This avoids a difficult situation where each side has their own experts who disagree as to the future prognosis, and preference of one or the other could have a significant effect upon the claim.
 
All expert witnesses are told that their duty is to the court and not to either of the parties involved in the claim. Unfortunately some expert witnesses do get a reputation for being biased towards either claimants or defendants, and both sides will be keen to instruct an expert who is not partisan.
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How long is it likely to take?

 
The time to conclude a claim will depend upon how quickly the defendant (or their insurers in most cases) accepts liability. Under the personal injury protocol which was introduced in 1999 under the Civil Procedure Rules, a defendant has 3 months from notification of the claim to investigate whether liability is to be accepted. If liability is not admitted then court proceedings might be recommended. Once proceedings are issued a trial should be given by the court within the next 9 months. During this time the court will also give various directions or instructions for both sides to follow, to get the case ready for a hearing.
 
The length of the case will also depend upon how long it takes you to recover from your injury. Most cases do not settle within the first year simply because the future medical prognosis is not yet known. In the majority of cases once compensation is awarded you cannot ask for more. It is therefore important that the medical expert is able to say when you are likely to recover from your injury and also that you are happy to accept that advice.
 
Whilst we are waiting for a final medical report, we should be able to ask for an interim payment of your compensation, pending the final settlement.
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Will I have to go to court?

 
The majority of cases are settled without the need for court proceedings. Of those where court proceedings are necessary, only a minority end up reaching a court hearing, with the majority being settled, sometimes on the morning of court. We will obviously discuss your views on issuing court proceedings before taking this step, assuming that such a course of action becomes necessary in your case. Reasons why we may not be able to agree a settlement with your opponent may be on the question of whether they are liable to pay you compensation in the first place, diagreement as to the amount of compensation which your claim is worth, or dispute as to the extent to which you were to blame for the accident, in which case your compensation might be reduced to reflect any blame which attached to you.
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What is a "No Win - No Fee" agreement?

 
These are more properly referred to as Conditional Fee Agreements, and involve the lawyer putting his money where his mouth is, when advising you to pursue a claim. The terms of these agreements can vary however generally if the claim is not successful, the lawyer will not be entitled to claim any fees. The client can however still be responsible for disbursements incurred during the case, and possibly the defendants legal fees, if proceedings have been issued. Clients are advised as to the need to take out insurance to cover expenses in the event that the claim is unsuccessful.
 
In return for the Lawyer taking a risk on not getting paid, a success fee is payable upon the successful conclusion of the claim. This is a percentage increase in the lawyer's fees and is not a percentage of the compensation.
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Can I claim fees from the Defendant in addition to compensation?

 
If your compensation for personal injury exceeds £1000 or your financial losses exceed £5000 then claimants can usually expect to recover costs against the defendant as well. These will need to be assessed by the court if agreement cannot be reached with the Defendant. Claimants cannot always recover all of their costs from the Defendant. This is due to the rules governing what you are entitled to recover from another party.