Personal Injury Claims: Winning and Losing a Case
Find out how much your personal injury claim may be worth
If you have sustained an injury in an accident that wasn’t your fault, you may be considering making a claim against the responsible party. Naturally, you may also have concerns about making a claim, especially if you have never made a claim and are unsure of the processes involved. You may also be asking yourself, “what happens if I lose my personal injury claim?”
It is important that you are aware of the processes of making personal injury claims, and the consequences which may arise if you lose your case. If you are unsure as to whether you should make a personal injury claim, you can always contact Beacon Law to have a free, no-obligation discussion with one of our specialist personal injury solicitors who will provide you with the appropriate legal advice on making a compensation claim.
So, what exactly is a personal injury? Well, in legal terms, a personal injury can mean any type of injury or illness inflicted upon a person, including mental injuries, such as PTSD, anxiety or depression. This is a separate issue to the damage to personal property which may be sustained as the result of n accident. Personal injuries are commonly suffered due to accidents. In some cases, the accident may have been caused by the person’s own negligence; in others, another person or party may have been to blame.
If you or a loved one has suffered a personal injury due to another person or party’s negligence, you may wish to make a claim for personal injury compensation against the responsible party.
Personal Injury Claims
There are many different types of personal injury claims, including Road Traffic Accidents, accidents at work, medical negligence and accidents in public places. When making this type of claim, you may benefit from using a specialist personal injury Lawyer or Solicitor to ensure that the correct processes are being followed and the correct level of compensation is obtained for your injuries.
To be successful in making a claim, you must be able to prove negligence. This means that you must be able to show that the party you consider to be responsible for your accident, breached their duty of care to you and that this breach resulted in your accident and subsequent injuries.
If you wish to make a claim for personal injury, it is essential that you contact a personal injury Solicitor as soon as possible. There are a number of strict time limits which you should be aware of when making a claim. These time limits can vary, and depend upon your injuries, and the nature of the accident that caused them.
Certain evidence will be required to prove that your injuries were caused as a direct result of the accident (causation). This evidence may be obtained in the form of your medical records from your G.P. and any hospitals you attended. In most cases, you will be required to attend an appointment with a medical expert who will provide us with a medical report to document your injuries and the impact of those injuries om your day-to-day life.
Formal Court proceedings must be issued within three years of the date of the accident in England and Wales. In the case of illnesses or medical negligence, the three-year time limit will start from the date when you first became aware of your illness or injury as the result of medical treatment. If you were under the age of eighteen at the time of the accident, you have until your 21st birthday to commence proceedings.
If Court proceedings are not initiated within the relevant limitation period, you essentially give up your right to claim. An application can be made to the Court to extend the limitation period; however, these types of applications are rarely granted.
What Happens if I Win My Personal Injury Claim?
If you win your personal injury claim, this means that you have successfully proved that someone else was responsible for your accident and the injuries you sustained as the result of the accident. This is great news and means that you will be entitled to a monetary award of compensation.
It is difficult to estimate the amount of compensation which you will be entitled to as every case is unique. Your compensation will be split into general damages and special damages.
General damages refer to the amount you will receive for your injury, i.e., your pain, suffering and loss of amenity. The figure is based on the type of injury sustained, as well as the severity and the impact the injury has had on your life or will continue to have on your future.
Special damages refer to any additional losses you sustained as a direct result of the accident and can include loss of earnings, travel and parking costs, prescription costs, costs of any private treatment you may have required, and compensation for any additional care and assistance you may have required.
Those who are successful in making personal injury claims will be required to pay our legal fees from their compensation at the end of the case. These deductions will include a success fee, capped at 25% of your compensation, and the cost of the ATE insurance premium, which we may be required to take out on your behalf.
What Happens If I Lose My Personal Injury Claim?
If you are considering making a claim, you may be wondering “will my claim be successful?” and “what happens if I lose my personal injury claim?” Unfortunately, there is always the risk that your claim will not be successful. The main reasons for losing personal injury claims include a lack of evidence to prove that the Defendant was negligent and lack of evidence to prove causation.
So, what happens if you lose your personal injury claim? The bad news is, you will not be entitled to recover any compensation for your injuries if your personal injury claim is unsuccessful. The good news is, we offer all our personal injury claims on a no-win, no-fee basis, which means that you will not be required to pay our fees if you lose your case. The ATE insurance cover which we take out on your behalf will cover any additional fees, such as disbursements and the Defendant’s legal costs. You will not be required to pay for the ATE insurance premium if your claim is unsuccessful.
This means, if you lose your personal injury claim, you will not have to pay anything, and you will not be left out of pocket as long as you cooperate with us throughout your case.
If your personal injury claim is unsuccessful due to any type of dishonesty on your behalf; however, you will be required to pay our costs and fees, as well as those incurred by the Defendant.
Why Choose Beacon Law to Deal With Your Personal Injury Claims?
Beacon Law are a leading firm of personal injury Solicitors, offering a range of personal injury claims to our clients. We provide a high level of service to all clients and work hard to ensure they receive the appropriate treatment and highest level of compensation for their injuries if their claim is successful.
We work closely with all clients, following their instructions whilst providing specialist legal advice on each case. We aim to support all our clients throughout a time which is already difficult and provide the best case management possible throughout all legal proceedings.
If you require advice on a potential case or assistance, please contact us on 0330 1332 857. Alternatively, please complete our online form, and a Personal Injury expert will contact you to discuss your potential case.
Beacon Law are a Solicitors registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.