FAQs

Question - Do I have a case that will be successful?
Answer - For a claim to be successful, it is necessary to prove the other party is at fault and therefore that they are responsible for paying you compensation. It is not sufficient that an accident has happened, you must be able to point the finger of blame in some way at the other party. It is also possible to claim if the blame is shared i.e. if you have contributed to the accident in some way through your own fault. Establishing fault against the other party is the first step.

Question - How long will my case take to settle?
Answer- Accident claims take time. Investigations have to be made by the other side and medical evidence has to be obtained. There is no standard length of time for a compensation claim to be concluded. Negotiations will also take place. Your period of recovery is also important when estimating the likely length of any claim as everyone recovers at different rates. We want to know that you are as fully recovered as you are going to be before settling your claim.

Question - Will I have to go to Court?
Answer - If insufficient progress is made in negotiations or if liability (fault) is denied, then it may become necessary to issue Court proceedings to progress the matter. This is nothing to worry about. The Court procedure would be explained to you if this became necessary and you would be advised at every stage.

Question - What items can I recover as part of my claim?
Answer - General Damages represent the amount paid for your injuries. They cover pain and suffering in particular and could cover compensation for any degree of disability in the future. Medical evidence will be required to prove the extent of your injuries and therefore to help value your claim.

Special Damages represent money which you have lost or which you have to spend as a result of an accident. Items can include: loss of earnings; medication costs; travelling expenses etc. You will be required to keep an accurate note of any losses you sustained and expenses you incur. Receipts and other relevant documents should also be kept.

Question - Can I claim against anyone who is not insured?
Answer - If you have a road traffic accident where the other party is not insured, you may still be able to bring a claim under the Motor Insurers Bureau scheme for Uninsured Drivers. Please refer to the relevant paragraph in the Personal Injury Department section of this website.

Question - If I have an accident at work, could I lose my job if I make a claim against my employer? If so, are there any remedies?
Answer- If you have an accident at work, you may be fearful of bringing a claim against your employer for fear of losing your job. If improper action is taken by an employer following notification of a claim against them, then remedies may be available through an employment tribunal.



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