- How do I know if I have a claim?
- Why a solicitor?
- How should I choose a solicitor?
- Why Walton Mills?
- What type of injuries do Walton Mills deal with?
- I have legal expense insurance on my household or motor policy - do I have to use the insurer's nominated solicitors?
- How is the claim funded? How do I pay my solicitor? What is no win, no fee? What are conditional fees?
- How long will my claim take?
- I've heard there's a 3 year limit to bringing a claim. Is that true?
- How much will I get? How is my claim valued?
- Can I claim for Industrial injury or disease?
- Who pays my compensation or damages?
- What do I do for money in the short term?
- How do I manage the compensation when the claim is over?
- How will the compensation be paid to me?
- How do I manage once my case is over?
- I think I may have been partly to blame for my accident, can I still claim compensation?
- Do I have to go to court?
- Is there a Jury?
- What do the terms Claimant and Defendant mean?
- What is a barrister? What is a Q.C.?
- What is the Court of Protection?
- What is a litigation friend?
- What publications are available from where?
Although the maxim 'where there's blame there's a claim' is the slogan of many, the details of each case need to be considered. The best person to assess whether or not you have a claim is an experienced personal injury solicitor. There are circumstances under which you can bring a case even if you believe you may have been personally responsible for your injuries. Walton Mills offer a free no obligation initial interview that will help to establish if you have a valid claim. You won't be wasting anybody's time by talking!
There are many claims organisations now offering to handle cases on a 'no win, no fee' basis. An experienced personal injury solicitor is a better person to handle your case. Some organisations take a percentage of any damages you receive. These organisations cannot bring cases to court without the aid of a solicitor, and are primarily set up to handle small out of court settlements. Solicitors operate under a strict professional code, have indemnity insurance should something go wrong, and are covered by an established complaints procedure. Many claims organisations are limited companies which can (and do) go bust leaving their clients in difficulty.
You should always choose an APIL accredited experienced personal injury solicitor, rather than for example the solicitor who drew up your will. You should choose someone who is experienced in the area of your injury, - don't be afraid to ask questions about a solicitor's experience in that area. If your injury is severe, your case may take several years to complete, so choosing a solicitor that you feel comfortable with is very important; you may want to see several before you decide which one is right for you. Many solicitors including Walton Mills offer a free initial no obligation consultation. Remember if you are not happy with the way your solicitor is handling your case you are free to change! There are national bodies such as Headway and the Spinal Injuries Association that can assist in choosing a solicitor who has specialist knowledge. Within reason, the location of your solicitor need not be a deciding factor as most solicitors are prepared to travel to you, particularly if you are in hospital or have mobility problems. Your local hospital may have a list of solicitors in your area that specialise in particular injuries.
It is important to use an experienced personal injury solicitor to bring a claim. Walton Mills are APIL accredited and specialise in personal injury cases. Our solicitors have many years of experience in this field, and have worked on a wide range, including high value and high profile, of cases, recovering compensation for their clients running into many millions of pounds. We have a friendly and approachable team who are there to meet your needs and give you the very best advice, throughout what can be very challenging times for you.
At Walton Mills we deal with all kinds of personal injury claims, and specialise in this area. Alison is particularly experienced in severe brain and spinal cord injuries whilst Sarah handles a more general caseload.
You may be covered for the costs of legal action by your motor or household insurance. Normally your insurers will require you to use their nominated solicitor. For large or specialist claims an experienced personal injury solicitor will provide a far more specialised and appropriate service. European legislation now allows you to be free to choose your own solicitor if court proceedings are necessary, however your insurance company may be reluctant, and try to persuade you otherwise! Walton Mills can help by contacting your insurer to negotiate.
Unfortunately the cost of bringing legal action can be high. Medical records must be obtained, witness statements taken, experts reports obtained, and the money spent on obtaining the necessary records and reports can be high, particularly in a complex injury claim. This is in addition to the cost of the time spent on each case by the solicitor. However, most personal injury cases now proceed under 'Conditional Fee Agreements' also known as 'No win, no fee'. This means that you don't have to pay any costs until the case is finished. In the event you win your case, the defendant will pay most of the cost of your legal action for you. If you lose, your solicitor will not be paid for the work carried out in relation to your case, but the disbursements and the other sides costs will be paid through an insurance policy, taken out at the same time that you enter into the Conditional Fee Agreement. The premium for this policy may be paid by your solicitor under certain circumstances, and if you win your claim the cost of the policy will be reimbursed. In most cases the insurance covers its own cost if you lose. Legal aid is no longer available for personal injury cases. You may have legal expense insurance on your household or motor policy in which case click here, or if you are a member of a Trade Union, the union may pay for the cost of a solicitor if you were injured at work. Your solicitor will explain all the funding options to you in more detail. It can be difficult to understand; so don't be afraid to ask questions.
A compensation claim for personal injury cannot be settled until the experts, doctors etc. know the extent and permanence of your injuries. For a minor injury this may be months, but in cases of severe brain and spinal cord injury this is often over three years. There are now strict rules laid down governing how a case is conducted, this includes the time taken for each stage. However, there can be complex legal arguments that slow the progress. Also the case will proceed more quickly if the person you are claiming against (known as the 'Defendant' and their insurance company) is co-operative!
There is a 3-year time limit from the time of an accident in which to start legal proceedings. There are certain circumstances in which this period can be extended, but if the injury happened at sea or abroad the period may be shorter. However, you or someone on your behalf, should seek legal advice from an experienced personal injury solicitor as soon as possible, as there is often a great deal of work to do on a case before legal proceedings can be issued.
The aim of the legal process is to restore you to the position you would have been in had the injury not occurred. There are two main areas of compensation that will be assessed when deciding on the value of your claim. These are general damages, and special damages. General damages cover compensation for the actual injury you have suffered; this can range from a few thousand pounds for minor injuries that clear up quickly to over a hundred thousand pounds for a major permanent injury. Special damages depend on your circumstances before and after the injury. A highly paid executive would receive more for loss of earnings than a cleaner. Special damages also include things like the cost of adapting your home, support workers, carers, transport and specialist equipment to help you live as full a life as possible.
If you have an injury or illness caused by your job, you may be able to bring a claim against your present or former employer. Asbestos, noise, and vibration related illnesses are common areas for claims. You should consult an experienced personal injury solicitor who will be able to discuss your circumstances and advise you on the likelihood of bringing a successful claim. Most solicitors will give you a free no-obligation initial consultation to talk through these issues.
Under English law somebody has to be at fault in order for you to receive compensation. Many people do not bring a claim as the injury was caused by a close friend or colleague. In practice, most claims are conducted against the insurance company of the person or company responsible for your injuries, and it is the insurance company that pays the final settlement. If you were injured in a motor accident and the other driver was uninsured or not traced, your compensation will be paid by the Motor Insurers Bureau. If you were injured by someone while they were committing a criminal act, your compensation will be paid by the Criminal Injuries Compensation Authority.
Where you have suffered an injury, you may have lost your income, at least temporarily, and there may be additional costs associated with coping with your injury. In many cases a solicitor can apply for money on account from the defendants, called an 'interim payment'. This money comes out of your final compensation, but is paid at an earlier date. Often specialist treatment, adaptations and equipment make a big difference in the early stages of an injury, and may help to reduce the long-term effects. These payments can run to hundreds of thousands of pounds in a large claim.
The money that you receive in compensation is yours to spend as you like. However in the majority of cases it is in 'full and final settlement' of your case so you cannot go back to the courts for more money if you run out! In large cases, much of the compensation is paid on the basis of your future needs, for example nursing care, so the money you receive needs to be handled carefully to make sure it is available for essentials. You should seek the advice of a suitably experienced and qualified financial adviser; your solicitor should be able to supply contact details. You may also want to set up a special needs trust which will prevent you from losing means tested benefits.
Your compensation can be paid as a single lump sum, or a smaller lump sum and a series of payments referred to as 'periodical payments'. The form of payment you receive is up to court, but the judge will take into account your own preference. An experienced personal injury solicitor can help you to understand which form of payment will be of greatest value to you. You should ask your solicitor to explain the options, so that you can make an informed choice. He or she will then work to ensure that this is the form of payment you receive.
We recognise that your difficulties may not stop when your case is settled. If your injuries are severe, you may never regain full health, or get back to the position you were in before your injuries. Part of the compensation you receive is paid for future expenses. Where you need on-going help from case managers, nurses, financial advisers etc, we will put in place a care package before your claim is finalised, and try to ensure you receive enough compensation to continue this for as long as you need it. One of our partners, Les Walton, is a Court of Protection Receiver, which means he can manage the financial affairs of clients who are 'patients' under the Court of Protection.
The courts have a dual system for awarding damages. Firstly, it must be established who was to blame for your injuries. This is called 'liability'. In many cases, this is not straight forward, and the court might decide that you were partially responsible - this is called 'contributory negligence'. The court will decide on the percentage of contributory negligence, and this will affect the amount of damages you receive. Secondly, there is the 'quantum' issue: this is the amount of your damages. In cases where there is a percentage of contributory negligence, this percentage will be deducted from the final damages.
Many clients find the thought of going to court distressing. There may be many court hearings before your case is finished, and you will usually not be required to attend these if you don't want to. However at the trial you may be required to give evidence, and your solicitor will prepare you for this, and keep you informed throughout your case.
Your case will be conducted through the civil court system, and so a judge will make decisions on the basis of evidence put before him. Juries only sit in criminal cases.
When you make a claim for personal injury, two names will go on the legal papers that are submitted to the court. Your name as Claimant (the person bringing the claim) and the name of the person or organisation you are suing, the Defendant (the person defending the claim). In practice most of your claim is conducted against the Defendant's insurance company rather than the defendant in person. Plaintiff is the old name for Claimant, and is no longer used.
Although your solicitor does the majority of legal work on your case, in the higher courts you will be represented by a barrister. He or she will stand up in court and present your case for you. The barrister will also be a specialist in the area of personal injury, and will be fully briefed by your solicitor. In some cases your barrister may be involved regularly giving advice on the conduct of the case. A Q.C. (Queen's Counsel) is a senior barrister who will be involved if your case is very complicated or high profile
In some cases, particularly in the case of brain injury, you may be medically assessed as lacking 'mental capacity' as a result of the injuries sustained. This means that a person cannot be relied upon to make judgments in their own best interests and may be regarded as a 'Patient'. In such a cases a court, called the Court of Protection will appoint a Receiver to manage the injured person's financial affairs. The Receiver must act in the best interests of the injured person and must complete and submit a financial report to the Court annually. The Court of Protection exists to oversee the affairs of patients.
Where a claim is brought by a patient under the Court of Protection or by a child, the claim can only proceed with the assistance of a 'litigation friend', who will give instructions and make decisions in relation to the litigation on behalf of the injured person or child. This might be a member of the family, a close friend, another solicitor or the Receiver appointed by the Court of Protection. The Court of Protection must give approval to any proposed settlement of the claim.
There are many organisations that can supply help, advice or publications for specific types of injury. Some of these are listed on our links page. If you have been treated in hospital, the staff may be able to give you information. The internet has a wealth of useful information on it, - but beware not all of it is accurate - check that the information comes from a reliable source! In addition Walton Mills has fact sheets that you can download or read on-line, click here for more information
