Your questions answered

Is there a time limit?

Generally, claims in respect of personal injuries must be brought within three years of the accident; or for the children when it is three years after their eighteenth birthday. There are some exceptions, so please check with us.

Must I be able to blame someone else for my accident?

Most accident cases involve the Law of Negligence, and in order to claim compensation, you will have to prove that someone was negligent and, therefore, to blame for the events leading up to your injury.

Some cases involve the breach of statutory duty, e.g. duties imposed by parliament on an employer or local highway authority. Examples could be a failure of a local authority to maintain a pavement or an employer to provide a safe system at work. In both instances, you must prove that you suffered loss and damage as a result of the breach of duty.

Will I need to go to court?

Usually, an injury claim will be dealt with by negotiation. If, as is generally the case, the person responsible for your accident is insured, we will contact the third party insurers in an attempt to negotiate a satisfactory settlement. If the negotiation proves unsuccessful, then it may be necessary to commence court proceedings. Your claim may take some time and there is a possibility you might have to give evidence at a court hearing for a Judge to decide if anyone was to blame.

Will I have to attend a medical appointment?

Yes, detailed medical evidence is essential. We will arrange for you to have a medical examination, so that a report can be prepared giving the extent of your injuries.

How long will it take?

All cases are different and therefore, the time taken to reach a settlement varies. We will, however, tell you how long it will take to settle your particular case. On average, a straightforward case takes between eight to fourteen months to settle. If court proceedings are necessary, the claim may not be settled for eighteen to twenty four months, or possibly longer in some cases. Sometimes, it is necessary to issue proceedings to protect you, because claims have to be brought within three years of the accident. It is, therefore, very important to let us know as soon as possible if you feel you have got the date of the accident wrong.

What can I include in my claim?

If you are successful, then you may be able to claim the following:

• Expenses, i.e. travelling expenses, cost of care, prescriptions, damaged clothing etc.
• Any anticipated future losses and expenses
• If you have lost time from work, loss of earnings (to date and estimated future losses)
• Damages for the injury itself, including pain and suffering

Will it cost me anything to make the claim?

Your initial consultation is always free.

We can offer a no win, no fee agreement in certain circumstances. There is no cost to you if the claim is unsuccessful, provided that you have entered into an insurance policy which we will take out on your behalf and provided that you comply with your obligations. If your claim is successful, the majority of your basic legal costs and disbursements will be paid for by the third party. Costs which are not recoverable from the third party will be deducted from your general damages and past losses. This will not exceed 25 percent of your general damages and past losses and will include the cost of the after the event insurance.

There may be a number of different ways of funding your claim and we will discuss all of the options with you. For example, you may have Trade Union membership that will help, or an insurance policy that covers all of your legal expenses.

For more information please call 0800 975 6066 or email claims@martinkaye.co.uk.