Types of claim
- Road traffic accidents, including cyclist and pedestrian injuries.
- Accidents at work and industrial disease, such as asbestos-related illness or hearing loss.
- Public liability claims for slips, trips and falls.
- Clinical (medical) negligence.
- Serious injuries such as brain and spinal injury, and fatal accident claims for families.
No win, no fee
Most claims are run under a conditional fee agreement (CFA). If you lose you normally pay no fee to your solicitor. If you win, the solicitor can take a success fee from your compensation. In personal injury cases this is capped at 25% of your damages, excluding damages for future losses. You may also be asked to take out after-the-event insurance. Always ask how much of your compensation you could expect to keep.
Time limits
You generally have three years from the date of the injury, or from when you first knew of it, to start court proceedings. Different rules apply for children and people who lack mental capacity. Lower-value road traffic injury claims usually go through the Official Injury Claim portal.
Questions to ask a personal injury solicitor
- What percentage do you take, and is it worked out before or after case costs?
- Who pays for medical reports and experts if we lose?
- Have you taken cases like mine to trial, or do you mostly settle?
- How long do you expect it to take before we know what the claim is worth?
Frequently asked questions
How much compensation will I get?
It depends on how serious your injury is and your financial losses, such as lost earnings and care costs. A solicitor will value your claim using medical evidence and court guidelines.
Will my claim go to court?
Most claims settle without a court hearing. Court proceedings may be started to protect the time limit or if the other side will not make a fair offer.
Can I claim if I was partly to blame?
Often yes. Your compensation may be reduced to reflect your share of responsibility (contributory negligence).