Most UK lawyers deal with personal injury compensation claims using the no win no fee scheme. Compensation is normally paid in full with no deductions. Win or lose there is usually no charge. You do not have to fund or finance your claim as it proceeds. An accident claim solicitor will give free initial advice without obligation to establish whether there is a viable legal case. Most advocates in this field of work are members of the Solicitors Regulation Authority panel of personal injury experts and deal with nothing else other than accident claims involving personal injury. An accident claim solicitors approach is client centred and they will zealously pursue your case until they have obtained fair and reasonable compensation for your injury. Lawyers do not just take on the certain winners and will deal with your claim if you have a slightly better than evens chance of success
The amount of compensation awarded for the pain and suffering of personal injury depends on the extent and severity of the injury, the recovery and healing period and whether or not there are any long-term consequences or chronic disabilities. The financial award is assessed by reference to government guidelines fixed by the Judicial Studies board and by reference to previously decided cases with similar injuries. Accident claim solicitors will put forward full corroborative evidence to maximise the amount of any award for pain and suffering.
In addition to the award for pain and suffering an accident claim solicitor will also claim all other financial losses and reasonably incurred expenses including:-
damages for loss of lifestyle and amenity
past loss of earnings
estimated future loss of earnings
loss of earning capacity
dis-advantage on the job market
loss of pension rights
cost of past care and assistance
cost of future care and assistance
private medical treatment & prescriptions
special aids and mobility equipment
structural alterations to dwellings
out of pocket expenses
future general expenses
In order to justify a compensation award an accident claim solicitor must be in a position to prove that a third party was at least partly to blame for the accident by way of their negligence. Even if the third party was only partly to blame for the accident you can still make a claim based on a percentage settlement. Negligence involves a failure to exercise the degree of care considered reasonable under the circumstances, resulting in an unintended injury to another party. Provided that you were not entirely 100% to blame for the accident we can still make a claim against the other person.
In general terms a claim for damages for personal injury caused by the negligence of a third party must either be settled, or continuing proceedings must have been issued by way of a summons in a court of law within three years of the negligent incident. There are exceptions to the general rule:-
Time does not start to run against a minor until the 18th birthday, expiring on the eve of the 21st birthday.
Time does not run against a mentally disabled person until full mental capacity is attained. Time may therefore never run against a mentally disabled person.
Time does not start to run until such time as the symptoms of a latent injury appear which may be many years after the initial incident.
The court has a wide discretion to extend or alter time limits. Notwithstanding that our Leeds accident claim solicitors have vast experience in dealing with personal injury compensation this discretion is very rarely exercised by the court and should not be relied upon.