Frequently Asked Questions

Personal Injury Frequently
Asked Questions

Find out more about claiming for a personal injury:-

Personal Injury Claims – Contact Us Today

We have a team of dedicated, experienced lawyers on hand to help people claim for the compensation they deserve, for injuries of all kinds. We cover the entire spectrum of personal injury claims.

Some of the main personal injury areas we cover include severe & fatal accidents, accidents & disease whilst working, vulnerable road users, medical negligence, and accidents in a public place.

On this page you will find the questions we are most frequently asked by people looking to make a personal injury claim. If you don’t find an answer to your question here, feel free to contact our friendly team or head into your local Tinsdills branch in Hanley, Newcastle, Sandbach or Leek today.

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    In the vast majority of cases you have three years from the date of your accident to bring a claim. Different time limits can apply for certain types of claims, for example accidents at sea claims have a two-year limit and if you were under 18 at the time of your accident you have until your 21st birthday to make a claim, so get in touch with us if you are unsure.

    There are a number of funding options available that we can discuss with you including a no win no fee (conditional fee) agreement and legal expense insurance.

    Yes, we do this when we assess your claim as having reasonable prospects of success.

    It is very difficult to provide an answer to this as it depends on a number of factors outside of our control. If a defendant admits liability then generally speaking your claim will settle more quickly than if liability is denied. You also need to make a full recovery before settling your claim and so therefore if your injuries are more serious, it will generally take longer to settle your claim than if you recover relatively quickly.

    We cannot provide you with an accurate answer until we have finalised medical evidence in support of your claim. This evidence is then used to provide a range of possible awards that a court may award for your pain and suffering (known as general damages) by reference to the Judicial College Guidelines and case law. You will also have a claim for what is known as special damages, which is for things such as loss of earnings, damaged items, goods that you have had to buy because of your injuries, travelling expenses etc.

    Yes you can in appropriate situations. Future losses do not occur in every case and only usually arise in very severe injury cases. Typically claims for future losses arise where injuries are so severe that your ability to work or to care for yourself in the future is likely to be affected after the date of the settlement or trial. Such claims might include the cost of adapted accommodation, replacement costs for special equipment or prosthetics in cases involving amputees.

    Yes you can. You may have had an accident which has resulted in you missing a period of work, or you may no longer be able to work due to your accident. In both cases, it may be possible for you to claim for your loss of earnings. You will have to prove what your earnings would have been had you not had the accident. If your case proceeds to court, you will be expected to give evidence about your earnings before the accident as well as the payments you received during your absence from work.

    Calculating pay loss can be further complicated by the possibility of overtime bonuses or productivity awards which you may have missed out on. The court will expect you to prove that overtime at your place of work was readily and frequently available, and that you had a track record of doing overtime on a regular basis.

    If you are self-employed, things can be even more complicated, as your income is likely to vary on a month to month basis, meaning it can be difficult to prove the extent of your loss of earnings accurately. To prove your pre-accident average earnings from your business, the court will expect you to produce the trading accounts for your business for three years before the date of the accident as well as your tax and returns submitted to HMRC.

    You can claim and this is known as a claim for gratuitous care and assistance. Perhaps at home, normally you and your husband, wife or civil partner share duties 50/50, but after an accident one of you has to take over all of the duties on a temporary, or even permanent basis. Many people do not realise that it is possible to claim for such things.

    Many different areas are covered, and it is even possible to claim for the additional time needed to do DIY, gardening, as well as personal care of your spouse. Calculations are made to work out exactly what you are entitled to claim, which is usually on an hourly basis, and calculated as two thirds of the ‘professional’ rate, to reflect that it is not professional, but rather gratuitous care and assistance.

    The vast majority of cases settle before reaching court. If a defendant denies that they are responsible for an accident and we believe that your claim has reasonable prospects of success, then we will fight your corner for you and issue court proceedings. Do not be concerned as we will support you every step of the way if you have to attend court with your claim.

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