Question 1

Can I make a personal injury claim?

Accepted Answer

You may be able to claim compensation if you have suffered an injury or illness caused by someone else's negligence. Common examples include accidents at work, road traffic accidents, slips and falls, and public liability accidents. The first step is to discuss your situation with a solicitor to understand whether you may have a valid claim.

Question 2

How long do I have to make a personal injury claim?

Accepted Answer

In most cases you have three years from the date of the accident or the date you became aware that your injury or illness was caused by someone else's negligence. There are exceptions: children have until their 21st birthday; people lacking mental capacity may have different rules; and industrial disease claims run from the date of knowledge, not the date of exposure. Seek advice as soon as possible — missing the deadline usually means losing your right to claim.

Question 3

What is no win, no fee?

Accepted Answer

A no win, no fee agreement (formally called a Conditional Fee Agreement or CFA) means that if your claim is unsuccessful, you generally do not pay your solicitor's legal fees, provided you comply with the terms of the agreement. If the claim succeeds, a success fee may be deducted from your compensation. We will explain all costs clearly before you decide to proceed.

Question 4

How much compensation could I receive?

Accepted Answer

Compensation in personal injury cases has two main elements: general damages for the injury itself, and special damages for financial losses including lost earnings, medical expenses and care costs. The amount depends on the nature and severity of the injury and the financial impact. We cannot predict or guarantee any specific amount.

Question 5

Do I need to go to court?

Accepted Answer

Most personal injury claims settle without court proceedings. We will negotiate with the defendant and their insurers on your behalf. If a fair settlement cannot be reached, we will advise you on the option of issuing court proceedings.

Question 6

Can I claim if I was partly at fault for my accident?

Accepted Answer

In many cases, yes. The legal principle of contributory negligence allows you to claim even if you shared some responsibility, but your compensation may be reduced by a percentage reflecting your contribution. For example, if you are found 25% at fault, your compensation would be reduced by 25%. We will advise on this when assessing your claim.

Question 7

Do I need a solicitor or can I claim myself?

Accepted Answer

You can make a personal injury claim yourself, but it is generally advisable to use a solicitor. Solicitors can properly assess the value of your claim, negotiate effectively with insurers, and ensure all losses are properly accounted for. For anything other than straightforward low-value road traffic accidents, using a solicitor is usually beneficial.

Question 8

What accidents at work can I claim for?

Accepted Answer

You may be able to claim for any accident at work caused by your employer's failure to provide a safe working environment. Common examples include falls from height, manual handling injuries, machinery accidents, chemical exposure, slips on wet floors, and being struck by falling objects. Employers have a legal duty to protect workers' health and safety.

Question 9

Can I claim if my employer was not directly responsible?

Accepted Answer

Employers are generally responsible for the actions of their employees carried out in the course of employment, even if the employer was not directly responsible for the accident. This is called vicarious liability. If a colleague's negligence caused your accident, you may still be able to claim against your employer.

Question 10

Can I claim for an accident at work after leaving the job?

Accepted Answer

Yes. You can bring a claim against a former employer. The limitation period of three years from the accident (or date of knowledge) applies regardless of whether you are still employed by them.

Question 11

How long do I have to claim for noise-induced hearing loss?

Accepted Answer

The three-year limitation period for noise-induced hearing loss and other industrial diseases runs from the "date of knowledge" — usually the date you first became aware (or ought reasonably to have become aware) that your hearing loss was caused by noise at work. This means you can sometimes claim many years after leaving the noisy employment.

Question 12

Can I claim if my employer has closed down?

Accepted Answer

In many cases, yes. Employers were required by law to hold Employers' Liability insurance, and claims can often be brought against the insurer even if the employer no longer trades. The EL Tracing Office and other resources can help identify the relevant insurer.

Question 13

Can I claim for asbestos exposure even if my employer no longer exists?

Accepted Answer

Yes, in many cases. Asbestos disease claims including mesothelioma and asbestosis can often be pursued against former employers' insurers even if the employer is no longer in business. For mesothelioma, the Diffuse Mesothelioma Payment Scheme may also provide an avenue to compensation if the employer and insurer cannot be traced.

Question 14

What is HAVS and can I claim for it?

Accepted Answer

HAVS stands for Hand-Arm Vibration Syndrome — a condition caused by regular use of vibrating tools and machinery. Symptoms include vibration white finger (finger blanching), tingling, numbness, and loss of grip. If your employer exposed you to vibration without adequate protection or health monitoring, you may be able to claim.

Question 15

What counts as medical negligence?

Accepted Answer

Medical negligence (also called clinical negligence) occurs when a healthcare provider fails to provide care to the standard that a reasonably competent professional would have provided in the same circumstances, and that failure causes avoidable harm. Both elements — substandard care (breach of duty) and causation of harm — must be established, usually through independent medical expert evidence.

Question 16

Can I claim against the NHS?

Accepted Answer

Yes. Clinical negligence claims can be brought against NHS trusts and other NHS bodies. NHS Resolution (formerly the NHS Litigation Authority) handles claims on behalf of the NHS. These cases often require expert medical evidence and can take longer to resolve than personal injury claims.

Question 17

Is a poor medical outcome enough to make a claim?

Accepted Answer

No. A poor outcome from medical treatment does not automatically mean that negligence occurred. Medicine involves uncertainty and risk, and not all adverse outcomes result from negligence. To have a valid claim, there must be evidence that the standard of care fell below what was reasonably expected, and that this caused you avoidable harm.

Question 18

How long do I have to bring a medical negligence claim?

Accepted Answer

The usual limitation period is three years from the date of the negligence, or three years from the date you became aware (or ought reasonably to have become aware) that negligence caused your injury — whichever is later. Children have until their 21st birthday. People lacking mental capacity may have different rules. Fatal cases run from the date of death or date of knowledge.

Frequently Asked Questions

General Questions About Making a Claim

Accident at Work and Industrial Disease

Industrial Disease: Hearing Loss, Asbestos, HAVS

Medical Negligence Claims

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