What is a Personal Injury claim?
Where you have been caused an injury or illness through someone else’s negligence, you may be entitled to claim compensation from the negligent party. Our experts can advise on the prospects of your claim and assist you in evidencing negligence and the injury or illness caused.
How long will I have to bring a claim:-
If you live in England or Wales, you will normally have three years from the date of the accident to bring a claim for personal injuries. There are some exceptions to this and sometimes the time limit is shorter. Therefore, it is important to contact us to discuss your claim as soon as possible.
How will my claim be funded?
Legal Expenses Insurance: We have a national reputation and are the panel solicitors for many large insurance companies. If you believe you have an insurance policy that provides legal cover, please contact us for more details. We will check your household insurance and other policies to see if you have suitable cover.
In the alternative your claim can be funded under a ‘No win, no fee’agreement: We offer a ‘no win no fee’ in suitable cases, and will arrange an insurance policy for you (known as an ATE policy)to cover any legal costs awarded against you.
What happens if I lose my case:-
In the event that you lose your case, in most cases either your legal expense insurer or ATE insurance provider will cover any unrecovered costs. Each case will be considered on its own merits.
Could I be liable for paying any costs:-
In the event that your case has reasonable prospects, you should not be liable for payment any costs. In the event a change of circumstances arises in your case which changes the prospects of success, in most circumstances the costs incurred will be covered by the Legal Expense insurance policy or the NO Win/No Fee/ATE policy.
Will I have to go to court:-
The vast majority of cases do settle before getting to Court, however there are a small percentages of cases where going to Court could be necessary, Lyons Davidson will ensure that you supported through each step of the Court process.
How much compensation will I recover:-
When assessing damages, the court will consider the following:
- Your general damages: this is compensation you will be awarded for your actual injuries and your pain, suffering and loss of amenity. Awards for general damages are worked out by referring to previously decided cases. The Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases (known as the JSB Guidelines) detail levels of awards made for different types of injuries, including different types of head injury (i.e. very severe, moderate brain damage and minor brain damage).
- Your special damages: these are the financial losses you have incurred purely as a result of the accident. This includes expenditure such as:
- Loss of earnings
- Treatment costs
- Aid and equipment required as a result of your injuries
- Care expenses (by family members and professional carers)
- Transport costs
When assessing compensation, the court will only award compensation in successful claims to allow the cost of reasonably incurred expenses. Therefore, we recommend that you discuss any items of unusual nature or expenditure with us and keep receipts for all items of expenditure.
What if I was partly to blame, can I still make a claim?
Yes, you can still make a claim if you are partly to blame for the accident, you will be entitled to recover damages in line with the percentage of blame apportioned to the other driver, for example if both parties are equally to blame, you will be entitled to recover 50% of your damages.
Can you help with my treatment fees?
Lyons Davidson pride themselves on their commitment to assisting with rehabilitation, be it from physiotherapy through to day to day support and assistance.
Lyons Davidson can arrange private treatment for you on a credit basis so you do not have to worry about up-front costs, the costs of the treatment will then be included in your claim.
I cannot work because of my injuries and I am struggling financially, can you help?
We understand that financial worry on top of dealing with your injuries is the last thing you need, in the event that your case has prospects on liability, we will approach the other driver’s insurers to secure an interim payment to assist with alleviating those financial concerns.