How long will my claim take?                      Will I have to go to Court?

What can I claim for?

Do I have a valid claim?

At Williamsons our specialist Personal Injury Team will carefully assess your claim from the onset and we will give you realistic and professional advice on the prospects of your claim being successful.   However there are 2 fundamental points to consider.

Firstly, in all cases compensation is not automatically awarded just because someone has suffered an injury.   It must be shown that the accident was someone else’s fault.   Examples of fault include an employer failing to provide proper equipment or a safe system of work which results in an employee having an accident, or a motorist being injured due to another vehicle colliding into their car.   (Go to types of injury claim for a full discussion of this area of law).

Secondly the accident must have happened within the last 3 years, unless special rules apply.  If, for example a child has suffered injury then the 3 year period in which to bring a claim does not commence until their 18^th birthday.  Likewise Claimants who are not immediately aware that their injuries were caused by another are also given 3 years from the date when they became aware that they may have a potential claim in which to pursue matters.

For expert legal advise on whether you have a valid claim, call our freephone number or Talk to us Now.

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How long will my claim take?

This is a burning question for which there is no simply answer because; quite simply no 2 cases are the same.

However, generally the length which your claim will take will very much depend on the level of complexity and whether fault is admitted at an early stage.  If fault is admitted at an early stage and your injuries are of a relatively modest nature, then the average claim takes between 6 and 12 months.

The reason why claims take a minimum of 6 – 12 months are due to the timescales laid down in Law.   For example the rules allow insurers a period of 3 months in which to investigate a claim.  During this period the Claimant’s Solicitor is unable to take any further action.    Following this 3 month period, if liability is admitted then it may take several months for a medical appointment to take place and a further period of 1 – 2 months for the medical report to be received.   Sometimes it is not always possible for the insurers to put forward an early admission of liability due to for example, the need to await the outcome of Police enquiries into a road traffic accident.     If liability is denied by the insurers and/or the injuries are more serious, the procedure can take much longer.   Very complex cases and claims which go to Court may take several years to complete.

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What can I claim for?

In successful claims you are entitled to 2 types of compensation; 

1.         General damages

This is a claim to compensate you for your injuries and includes compensation for:-

Pain and suffering, loss of amenity, (e.g. hobbies, sporting activities), reduced life expectancy, loss of enjoyment of a holiday, loss of future earnings and being placed at a disadvantage for future employement.

 2.         Special damages

This is a claim to compensate you for your out of pocket expenses and includes:-

Loss of earnings (including bonuses/overtime), loss of fringe benefits e.g. use of a company car, travelling expenses to and from medical appointments, medical expenses, medical aids and appliances, adaptations to property, damaged property etc.  

Neither of these lists are exhaustive and the information given is for guidance only.   Your claim, however, must be assessed on it's own merits.   For full details please call us or Talk to us Now.

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How much is my claim worth?

Your claim for general damages (pain and suffering and loss of amenity) will be assessed on the basis of a medical report obtained by Williamsons as part of your claim, and relying on previous case law and guidelines issued by the Courts.

Once a medical report has been received we will then be in a position to give an indication as to the likely value of your claim.

In addition to awards for general damages, you can also a claim for special damages (out of pocket expenses) which again will be calculated based on the individual facts of your case.   With regard to special damages, however it is extremely important that you keep documentary evidence of all items of expenses to assist with these being recovered.

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Will I have to go to Court?

Although it is not possible for us to give any absolute assurances that your claim will not be decided through the Courts, in most cases settlement is reached without Court Proceedings becoming necessary.   This is because there are now specific rules which are aimed at encouraging personal injury claims to be settled without the need for Court Proceedings.   However, in a very small number of cases where, for example, liability is denied, but we consider that your claim has good prospects of success, or despite the Defendant admitting liability, they fail to put forward any or any reasonable settlement proposals, then Court Proceedings may need to be issued.   Often however, during the course of those proceedings, a settlement agreement is achieved without the matter going to Trial.   Based on Williamsons own experiences over the last 5 years, less than 1% of personal injury claims are settled at Trial.

In the few cases that are decided at Trial however, you can be assured that our specialist personal injury team will represent you throughout the process and fully advise you every step of the way.

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