If you have sustained injuries as a result of someone else’s negligence you may be entitled to claim compensation. This could be for the injuries and other expenses and losses.
You usually have three years in which to bring a claim, but this can alter depending upon the circumstances of how the injuries were sustained and when you discovered them.
Our tips are:
- Photograph the accident scene, measure and defects and photograph any visible injuries
- Take full details of the driver - names, address, telephone number and insurance details
- Take full witness details
- If your car has a dashboard camera, save all the footage
- Keep a list of all your expenses and losses, including travel mileage, and keep all receipts
We would suggest that you speak to Taylor Bracewell and we can advise you if you do have a claim and the time limits for such.
Our disputes team deal with all aspects of Personal Injury including:
Road Traffic Accidents: If you’ve been injured, either as a driver, passenger, pedestrian or cyclist, we can help. Even if you are found to be partly to blame for the accident, it doesn’t mean you aren’t entitled to compensation for your injuries. The government is considering drastically reducing compensation for injuries sustained as a result of accidents on the road and so it is essential you make a claim now if you have been injured to ensure maximum compensation.
Motor Insurers’ Bureau claims: The MIB is a government body which pays out for claims where the correct defendant either cannot be traced or doesn’t have insurance to cover the claim. If you’ve been involved in an accident and the driver of the vehicle which caused the accident didn’t have insurance, a claim can be made through the Motor Insurers’ Bureau. If the person who caused the accident cannot be traced or found, such as in a hit and run, a claim can be made to the MIB. In these types of claims it is essential that the incident is reported to the police within 14 days in order for a claim to be made for your injuries.
Accidents at work: Have you been injured during the course of your employment? You may have a claim against your employer, who has a duty to care for your health, safety and wellbeing whilst at work. Even if you think you may have contributed to the accident yourself, you may not have had the training, equipment and support required to be able to carry out your job safely and your employer may be liable for this. If you have any employment issues as a result of making a claim or need to speak with someone about your options, please contact our employment team who may be able to help.
Trips and slips: If you’ve been injured whilst out and about, a public liability claim can be made. For example, if you’ve tripped on a pothole or defect in the road or pavement, a claim can be made to the local authority responsible for the area. Claims of this type can be difficult as the local authority will have a defence if they can show that they regularly inspect the area. There are also certain criteria that defects or potholes have to meet before the local authority is under a duty to repair them. Defects in the road have to be 40mm deep and defects in the pavement have to be 20mm deep. It is therefore very helpful if you are able to go back to the accident scene and measure the depth of the defect.
Occupiers’ Liability accidents: If you’ve been injured in a public place, such as in a shop or restaurant, a claim can be made to the occupier of that place for failing to keep visitors to the site safe, and for failing to warn them of any dangers.
Criminal Injuries Claims: Injuries sustained as a result of a criminal act can be claimed for via the government’s Criminal Injuries Compensation Authority. If you’ve been the victim of a violent crime, then please get in touch. These types of claims must be claimed for within 2 years and it is vital that the incident is reported to the police as soon as possible in order for a claim to be made.
What are the options for funding my claim?
At Taylor Bracewell, we are able to offer a Conditional Fee Agreement (a "No Win No Fee Agreement") for many Personal Injury claims. This, however, depends on the facts of your claim and we will be happy to discuss the options with you in more detail. We will also discuss any other suitable funding options with you.
How much is my claim worth?
This question is almost impossible to answer during the early stages of a claim. We don’t deal with personal injury claims on a Conditional Fee Agreement (a "No Win No Fee Agreement") unless they are worth over £1,000 due to the small claims limit being £1,000. Anything under this limit means that parties usually each pay their own legal costs for bringing a claim.
We are only able to advise you on the value of your claim once a medical report has been obtained from an independent medical professional, and this is at a later stage of the claim.
How long will my claim take?
This is also very difficult to answer. Personal Injury claims can take several years to finalise. Some aspects of the claim, such as giving the defendant time to respond, cannot be sped up. The duration of the claim will often depend on how long your injuries are likely to last for, as we always recommend you wait until your injuries have resolved before settling the claim so we can ensure you get the correct level of compensation for those injuries. We always say that claims take at least 6-12 months, but it could be longer if we need to issue court proceedings and take the claim to court.
How long do I have to make a claim?
Most Personal Injury claims have a three-year time limit to bring a claim. This is usually from the date of the accident but can sometimes be from the 'date of knowledge', particularly in cases of industrial disease such as COPD and deafness. Claims to the Criminal Injuries Compensation Authority have a two-year time limit to bring a claim, as do claims where the accident occurred over international sea or air. For claims for children, the three-year time period does not start to run until the child reaches the age of 18. Please give us a call if you are unsure about the time limit for bringing your claim.
What happens if I’ve already instructed a solicitor?
If you’ve already instructed a solicitor to deal with your claim and you’re not happy with them, we may be able to assist. We would need to obtain your file of papers from your existing firm to see what the position is, but please contact us if you would like to discuss this further.