Personal Injury Claims Experts

In most cases, you must bring a claim three years from the accident date. 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.

We can discuss several funding options 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 isn’t easy to answer this as it depends on a few factors outside our control. If a defendant admits liability, your claim will settle more quickly than if liability is denied. You also need to make a full recovery before settling your claim. Therefore, if your injuries are more serious, settling your claim will often take longer than recovering relatively quickly.

We cannot provide an accurate answer until we have finalised medical evidence supporting your claim. This evidence is then used to offer 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 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 and 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 and 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 regularly.

If you are self-employed, things can be even more complicated, as your income is likely to vary on a month-to-month basis, making it 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, which is known as a claim for gratuitous care and assistance. At home, you and your husband, wife or civil partner typically share duties 50/50. Still, after an accident, one of you must take over all of the responsibilities on a temporary or even permanent basis. Many people do not realise it is possible to claim such things.

Many different areas are covered, and it is even possible to claim for the additional time needed to do DIY, gardening, and 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.

Most cases are settled before reaching court. If a defendant denies responsibility for an accident and we believe that your claim has reasonable prospects of success, we will fight your corner for you and issue court proceedings. Do not be concerned; we will support you every step of the way if you have to attend court with your claim.

General damages are awarded to compensate you for pain, suffering, and loss of amenity. The award varies according to the nature and extent of the injuries, as well as the age and individual circumstances of the claimant. The opinion of independent medical experts is needed to assess and comment on the injuries sustained to forecast any ongoing symptoms.

Special damages are specifically quantifiable financial losses and expenses occurring from the date of the accident to the date of the settlement or trial. Such losses and expenses might include loss of earnings, the cost of care and assistance, the cost of travelling expenses, and prescriptions or non-prescription painkillers. Claims for special damages must be evidenced by pay slips, receipts, or other documents.

Future losses, while not a common occurrence, can significantly impact severe injury cases. Typically, claims for future losses arise where injuries are so severe that the claimant’s ability to work or to care for themselves 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, highlighting the potential long-term implications of certain injuries.

You may have had to attend medical appointments at your local hospital or a specialist unit or even pay for private medical treatment, such as physiotherapy, to aid your recovery.

There may also be significant travel costs involved in getting the medical treatment you need following your accident, especially if the medical expert you need to see is not nearby.

It is also possible that you will have had to pay significant extra costs for prescription medication or equipment to help you in your recovery.

Because we are personal injury claim specialists, Tinsdills can help you claim back your medication and medical expenses as part of a personal injury claim.

If losing your job or reducing your earnings reduces your pension entitlement on retirement, the loss can be included in a personal injury claim. Choose Tinsdills for specialist advice and guidance on Loss of Pension claims.