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The Process For Compensation Claims UK
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If you have suffered a personal injury that was not your fault, you may be eligible to commence legal action and claim compensation. Our personal injury solicitors deal with many different types of personal injury claims, including injuries arising from accidents at work, industrial disease, road traffic accident claims, and many more. If you have suffered a personal injury due to someone else’s negligence, get in touch, and one of our experienced solicitors can assist you with your personal injury compensation claim.
Time limits for making a claim
Before making a claim, it is important to note that the time limits on personal injury claims are often very strict. The time limit can vary depending on the type of injury suffered and the type of incident that caused the injury. Usually, a claimant has three years to commence proceedings from the date of the accident.
With medical negligence claims, this changes to three years from the date you became aware of your illness or three years from the date you became aware that the medical treatment you received caused your injury.
Similarly, where an injury was caused by a defective product, claims must be brought within three years of the accident involving the product or three years from the date you discovered that your injuries were caused by the defective product.
When you have suffered a personal injury due to an accident abroad, claims must be brought within two years of the incident. However, this can vary depending on the country which the accident occurred in. If you were a child at the time of the incident, you have until your 21st birthday to commence proceedings.
If claims are not brought within this time limit, the claimant loses their chance to claim compensation. An application can be made to the court to extend this time limit; however, such applications are rarely successful.
We understand that the varying time limits for different types of claims can be confusing, so please do contact us if you have any questions, and we would be delighted to send you some more information. If you are claiming on behalf of someone else, the same time limits apply.
What should I do after an injury?
Gathering evidence of the incident and injuries suffered is an important first step to claiming compensation. If you are able to do so, try to take photographs of where the accident took place, and any visible injuries suffered. CCTV footage of the accident, contact details of witnesses, and the contact details of the defendant would also be useful to obtain. As soon as the accident has occurred, you should seek medical attention; an official medical report will significantly strengthen your claim and help you to receive the maximum compensation value.
Due to the time limit on bringing personal injury compensation claims, UK, it is important to contact us as soon as possible, where our experienced solicitors can discuss your options regarding commencing the claims process.
What does the claims process entail?
During your initial consultation, our personal injury lawyers will provide you with advice about proceeding with your claim and inform you about the relevant limitation rules.
Our injury lawyers will then ask you for details about your accident and the injuries suffered as a result. This will help our injury lawyers to assess the likelihood of your claim being successful. Examples of the relevant information that our lawyers may ask for include: the location, time, and date of the accident, the nature of the injuries suffered, details of witnesses who may have witnessed the incident, details of the defendant, and the circumstances surrounding the accident.
During these initial stages of your claim, it is vital that you gather the relevant evidence to support your claim for compensation. Relevant evidence may include CCTV footage of the incident, medical records, photographs of your injuries, and witness statements.
The defendant will then be notified about your claim, after which point, they will need to decide whether they accept liability for your injuries. If the defendant accepts liability, negotiations for a settlement fee can commence. If the defendant denies their liability, court proceedings may follow.
Personal injury claims can vary in how long they take, depending on the type of injury suffered. If the defendant accepts liability, we aim to reach a settlement within 6 – 9 months. This may take longer, however, if the evidence is hard to find and the defendant is difficult to contact.
What compensation will I receive?
The value of damages awarded aims to put the claimant in the position they were in before the accident took place.
Damages will therefore be calculated using a compensation calculator and will be based on the type of injury suffered, the severity of this injury, and any loss of amenity caused.
Damages may also be awarded to compensate for further loss suffered as a result of the injury. These could include loss of earnings due to the time spent off work, loss of future earnings if you are left unable to work, the cost of medical treatment, travel costs, and the cost of care if this is needed.
Due to the complex nature of personal injuries, it may be difficult for our solicitors to provide you with an exact quote of the value of damages you could be awarded. A medical evaluation of your injuries can be arranged, however, which will provide you with a more accurate estimate.
How much do compensation claims UK cost?
At Beacon Law, we use a Condition Fee Agreement (CFA) – a type of ‘no win, no fee’ agreement.
With this agreement, if your claim for compensation is unsuccessful, you will not be expected to pay any legal fees. A benefit of the ‘no win, no fee’ agreement is that the financial risks of bringing a compensation claim are significantly reduced – you will not suffer any financial loss if your claim is unsuccessful.
If you win your case, an agreed percentage of the damages awarded will be taken as a success fee. At Beacon Law, the success fee is capped at 25% of your damages. If your claim is successful, you may also be required to pay a sum for legal expenses insurance (an After The Event Insurance Premium).
Why choose Beacon Law for compensation claims UK?
Our solicitors are Authorised and Regulated by the Solicitors Regulation Authority. With years of experience, our specialist solicitors will provide you with expert legal advice and support you through every stage of your personal injury claim. We listen to our client’s wishes and aim to improve your experience through the difficult time following an injury.
We provide all of our compensation claims on a no win, no fee basis. We endeavour to maximise the success of every claim and strive to make your process of bringing a claim for compensation as swift and uncomplicated as possible. We have a registered office based in Greater Manchester.
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Last Updated on April 1, 2022 by Stacey