I’ve had an accident; it was someone else’s fault – what do I do?

As personal injury solicitors, we understand that for most people who have been injured in an accident that wasn’t their fault, it will be the first time that they have been in this position. The way forward is not always clear. Here at Nelsons Solicitors, we have a very experienced and dedicated team of solicitors who are here to guide you through the process of making an accident claim, which can be daunting at first.

Here are some of the frequently asked questions we hear from those who have been injured.

1. What is “no win, no fee”?

Most people have heard of “no win, no fee” from adverts on the tv but what does this mean in practice?

Also known as a Conditional Fee Agreement (CFA), this means you generally pay no legal fees if the case is lost.  If you win and you receive compensation for your injuries, then solicitors take a “success fee” which is generally capped at 25% of your compensation.  However, it does not necessarily apply to all your compensation.  The success fee is not applied to any future losses and is only taken from your injury compensation and past losses.

You may also need to pay an insurance policy premium out of your damages.  The insurance policy is taken out to protect you against having to pay the cost of medical reports and court fees etc but the premium is only payable at the end of the case and only if you win.

If you are successful, your costs are usually covered by your opponent (the Defendant).

We can advise you further on this and whether there are any other ways of funding your claim before you decide what is best for you.

2.How long do I have to make a claim?

The general rule in personal injury claims is that you have three years to issue court proceedings against the Defendant.  However, it is important to be aware that there are different time limits for different circumstances e.g. if your accident happened at sea or on an aircraft or even at an airport the time limit may be less.  So, it is very important that you contact us as soon as possible after your accident so that we can advise you.

If you are making a claim on behalf of someone who does not have mental capacity, then there is no time limit unless they regain capacity.  If you are making a claim on behalf of a child, then generally a claim can be made at any time until their 21^st birthday although it is still important to take advice at an early stage and while evidence is still available.

3. I feel guilty making a claim

We hear this from Claimants all the time.  They feel guilty making a claim against a Defendant “who didn’t mean to hurt” them or their employer, fearing that it will make life difficult for them at work. Don’t feel guilty making a claim.  If you have been injured by someone’s else’s negligence, it is only fair that you receive compensation, the purpose of which is to put you back into the position you were in before the negligence, as far as this is possible.  In most cases, the insurer of the negligent party pays the compensation, and the actual negligent party is not heavily involved in the claim.

4. Can I still claim if I was partly to blame for the accident?

Yes, you can still make a claim even if you were partly to blame for the accident or you were not wearing a helmet or a seatbelt when you should have been. We can advise you on that.

5. Can I claim loss of earnings if I am self-employed?

Yes, the calculations of loss of earnings can be less straightforward if you are self-employed but you can claim your loss of earnings if you are unable to work because of your injuries.

6. How much compensation will I get?

Beware of solicitors who give you a figure of what you may get at the beginning of the claim.   There are many things to consider when valuing your claim and it is important not to settle your claim too early before your injuries have resolved or before your future losses can be calculated.   At Nelsons Solicitors, we will advise you throughout the claim and we will ensure that your claim can be properly valued before negotiating with the Defendant.

7. How long will my claim take?

Most straightforward claims will settle within six to twelve months.  However, more complex claims can take longer.

8. Will I have to go to Court?

Going to court can be a daunting prospect.  Less than 5% of personal injury cases end up in Court as most are settled out of court.  However, if you do have to go to court and give evidence, rest assured that we will guide and support you through the process.

9. Is compensation taxed?

Generally, personal injury settlements are not taxed.

10. Will it affect my benefits if I receive compensation?

If you receive means tested benefits, then receiving a large sum of money may affect those benefits.  However, we can advise you on how to avoid that using a personal injury trust.