Can I make a claim for compensation?
If you have been injured in an accident due to the fault, or partial fault of another party, you are entitled to claim compensation.
Are there any time limits to bring a claim?
Yes. The general rule is that you have 3 years from the date of the accident to start a claim at Court. In certain circumstances, the court have discretion to extend this period of time. In the case of children who have had accidents, they have to start court proceedings before their 21st birthday. The area of time limits are complicated, and its always wise to have a chat with one of our experts. For example the time limit for a Criminal Injuries Claim , an accident relating to boats, ships and planes (including boarding ) is only 2 years.
What can I claim for?
Compensation claims are made up of several parts. Firstly, we claim compensation for the pain and suffering you have experienced as a result of the accident. How much this will be, will be dependent upon your particular case, and its therefore important that you have a specialist solicitor that can advise you as to the value of your claim.
Secondly, you are entitled to claim your out of pocket expenses, that have arisen from out of the accident. For example, loss of income, medical charges, travelling expenses, payment to a loved one, who has provided you with care after the accident.
Finally, you are also entitled to claim for predicted future losses eg reduction in income, care, treatment charges etc
I have been told by other people that it could take years to sort out my claim?
The length of time it takes to complete the claim, depends on many factors, including the co-operation of the other side, the value of your claim, and the complexity of the claim. In straightforward claims, the government has tried to speed up the process, and it is possible with the smaller claims that we deal with, that they can be completed within months, as opposed to years.
We will aim to deal with your case as quickly as possible, but will never compromise the quality of our service.
Will I have to go to court?
This is very unlikely. The vast majority of the cases that we deal with, are resolved in the client’s favour, without you having to go to court.
I have had an accident at work, will I lose my job?
There is no need to feel worried about making a claim against your employer. The employer, by law, has to have an insurance policy in place, to cover accidents at work. Most employers make use of this policy to help you with your recovery. Even if your employer does not approve of you making a claim, you may have protection from the Employment Law, and few employers would be willing to risk a further claim against them, for unfair dismissal. We will discuss the implications with you, at the initial no obligation meeting.
I believe that I have developed an illness as a result of working for an employer, that is no longer in existence, and I worked for them over 3 years ago – am I out of time to bring a claim?
Not necessarily. Industrial disease cases are very complicated. Even if your employer has gone out of business, we may be able to trace a relevant insurer for that period of time. The time limits to bring claims for industrial disease, usually starts from the date of knowledge, in other words when you realised that your medical problem related to your work conditions. In certain circumstances, where the employer and the insurance company cannot be traced, there are government schemes available for compensation. Again, this is a very complicated area of law, and you need to talk to one of our specialist solicitors.
I have had a car accident that wasn’t my fault, but the other party was uninsured. Does that mean I won’t be able to bring a claim?
You will be able to bring a claim. There are various schemes run by both the government and insurance companies, that we can assist you with in bringing a claim.
I have been involved in a car accident, and the other party drove away, and cannot be traced – can I still bring a claim?
Yes, you can still bring a claim. You will need to report the matter to the police straightaway, and providing you do this, we can help you make a claim for compensation.
I have had an accident that is not my fault, my insurance company are insisting that I go to a solicitor of their choice, do I have to?
No, absolutely not. Whatever your insurance company may tell you, you have a choice. So before you make a decision, take advantage of a free, no obligation appointment or chat, with one of our Personal Injury experts.
Do I have to come in to see the solicitor?
No. Of course, you are very welcome to come in, and we encourage people to come to our office to meet us and to talk about your claim. However, it is possible to deal with the matter over the telephone, and by email. We would also be happy to see you at your home, place of work, or hospital.
Why do I not receive 100% of my compensation?
The law changed on 1st April 2013. Solicitors are not able to recover all their fees from the Opponent. This means, when the case is won, they will charge a fee, but that fee will never exceed 25% of compensation.
In addition, if you have taken out an insurance policy the premium will have to be paid in addition to the 25%, if the case is successful. Again, we will discuss whether you need to take out an insurance policy, and the costs of the same with you.
Will I have to pay anything if I lose?
We will do everything possible to ensure that you win. In the unlikely event of a loss, with the package available at PHH Solicitors, you will not be responsible for payment of any legal costs, either your own, or the other side’s.
Why choose PHH Solicitors?
We believe that we are good at what we do, we will offer you a personal and professional service, and ensure your claim is dealt with by qualified people. Only you can be our judge, so why don’t you take advantage of a no obligation, free initial interview and make up your own mind.