By Jonathan Stittle, head of the personal injury team at Taylor&Emmet LLP. Jonathan ensures that clients who have been injured in accidents that weren’t their fault benefit from quality legal advice to aid their recovery. In this month’s column, he answers some of his clients’ most common questions.
How much will a personal injury claim cost?
Usually nothing – win or lose. There are, however, very rare exceptions where successful claimants have to pay part of their own costs.
How long do I have to bring a claim?
This is usually three years from when you sustained the injury or you realised you had a claim for an industrial disease. These periods can be longer for children and extended for adults in some cases. If you are in any doubt, seek legal advice.
How much will I receive in compensation?
A personal injury solicitor will be able to value your claim once you have either recovered from your injury or you have improved as much as you are ever going to. This will usually take place after a report has been received from a medical expert.
How much of the money I receive will my solicitor take?
Normally, your solicitor won’t take any of your damages (although there are exceptions), as your opponent’s insurers usually pay our fees in addition to your costs. Only in the US and other areas outside the UK will a solicitor take a percentage of your compensation.
What if the other party can’t pay?
Insurance companies pay for most claims. It is very unlikely that you will have to sue someone that will pay your damages personally.
My partner caused the accident…I can’t sue them, can I?
If you were injured in a car your partner was driving, their insurance (or yours) will cover the damages. Don’t worry about their no-claims bonus as it will have been lost in paying for the repairs to the car. Family members often bring claims against one another after road traffic accidents.
Can my child bring a personal injury claim?
Yes. They will need an adult to be their ‘litigation friend’ and to help them instruct a solicitor, but they may not receive all of their damages until they are 18.
I am still unsure about making a claim – is free advice available to discuss the process?
Taylor&Emmet holds free personal injury surgeries at our Dronfield office every Wednesday evening, between 5pm and 7pm. Drop in during surgery hours at 57 Sheffield Road, Dronfield (between the Old Greyhound and Little Italy) or call 0114 218 4000 to book a free consultation or home visit.
| 
