Bringing a personal injury claim can be a daunting prospect. The thought of speaking to solicitors and claiming against another person may be rather ominous, even though you know (or believe) you are entitled to be compensated for your injuries.
One of Levi Solicitors LLP’s primary aims is to take away any confusion or worries a client may have about bringing a claim. We aim to provide clear advice which reassures you on your prospects of the claim succeeding, the value of the damages you may receive and the cost to you of proceeding.
If you are considering your options about whether to make a claim, we have produced a list of your Frequently Asked Personal Injury Questions which we hope will assist you in making your decision.
What is a personal injury claim?
If you suffer injuries as a result of the actions (or inaction) of someone else, then you may be entitled to make a claim for those injuries and any other losses caused by that person. The award you receive if your claim is successful is called “damages”.
In what circumstances can I bring a claim?
There are a number of different scenarios that may lead to an accident / injury occurring, such as:
- Road Traffic Accident (as a driver, a passenger or a pedestrian)
- An accident whilst at work (tripping over, falling off or being struck by something etc)
- An accident in a public place (e.g. supermarket, shopping centre, train station, in the street)
- A failure by a medical professional, resulting in you suffering injuries that should not have occurred (e.g. botched surgery, laser treatment, tattoo removal)
- Mis-diagnosis of a more serious injury or illness (e.g. doctors failed to spot a hernia, tumour etc)
- Assaults (which have been reported to the police).
Who can bring a personal injury claim?
Anyone who believes they have been injured and it was not their fault is entitled to bring a claim. There is no age restriction or exclusion. The court protects children and vulnerable people as well – their claims are brought by a responsible person on their behalf (i.e. family member, carer).
What type of losses can I claim for?
You are entitled to try to recover any losses arising because of the accident. So, on top of damages for your personal injuries (which we will calculate for you – see Question 6), you can recover other losses such as:
- Medical expenses, e.g. prescriptions, painkillers, physiotherapy, massages etc;
- Recovering your damaged vehicle and having it stored;
- Hiring a replacement vehicle while yours is out of action;
- Travel costs, e.g. taxi / bus fares, parking charges at hospitals;
- Care and assistance; e.g. if you need extra help from family or friends performing everyday tasks or home treatment;
- Loss of wages, including future losses if you cannot go back to work;
- Damaged clothing or other possessions damaged in the accident.
How do I know if my claim is worth pursuing?
Before we take on your case, we offer a 30-minute free consultation, during which we will discuss the circumstances of your claim and advise you whether we think your claim stands a good chance of being successful. We will never proceed with a claim we do not think we can win.
Will I have to go to court?
In the vast majority of cases, the chances of your claim reaching court are very low. The only way it may go to court is if the person / party against whom you are claiming either:
- refuses to accept they were responsible for causing your injuries,
- denies that you were even injured and/or
- does not agree to the value of your damages.
In most cases, the parties are able to agree a settlement because it can be very expensive to go to court.
If it looks like the other party is not going to settle your claim, we will advise well in advance whether it is necessary to start the court process. Even if it is, your claim may still not end up in court.
How much is my claim worth?
The value of your damages depends on a variety of factors. In simple terms, the more serious your injury is and the greater the effect it has had on your life, the higher the value of your damages are likely to be. For an estimate of the level of damages you might receive for an injury, please check out our damages calculator. We also provide more details on how your claim is calculated here.
How long will it take to receive my money?
Again, it will take longer to resolve your claim if your injuries are more serious. Injuries often take a long time to improve, and sometimes are permanent; it is important we get the right medical evidence to make sure you receive the right amount of damages.
Claims for whiplash injuries in road traffic accidents may only take three to six months to resolve, whilst complicated medical negligence or serious injury cases could take several years to conclude.
How do I pay for Levi Solicitors LLP’s services?
In the majority of our cases, we act on a “No Win, No Fee” basis. This means that if your claim is not successful, you do not pay us any of our legal charges.
If your claim is successful, the paying party will pay some or all of our charges. If we do not recover all of our charges, there may be a small amount remaining which is payable by you. However, this amount is deducted from your final damages payment, so we never ask you to pay our charges directly out of your pocket.
Do you charge a 25% success fee if I win my claim?
Unlike a large majority of other law firms, we do not charge a success fee. This means there is no additional charge added to your bill or taken from your damages if your claim is successful. In all cases, we will do our very best to ensure you receive all of your compensation, without any deductions.