Personal Injury
Frequently asked questions
Why choose Freeth Cartwright LLP?
We focus on our clients, making certain that clients' cases are handled professionally and that all work is carried out to the highest standard using our specialist knowledge and experience. Many lawyers try to undertake personal injury work but few have the depth and breadth of experience that we have to carry out claims of maximum severity. Cases of maximum severity require a particular expertise, which we have.
As part of our added value, we offer the following additional services to our clients:
- A free initial interview. We will travel to see a client at home or in hospital where required.
- Immediate advice on whether there is a claim to pursue or not.
- Access to support services.
- A Client Liaison Manager dedicated to assisting the seriously injured throughout litigation. In particular the Client Liaison Manager will accompany the client to medical appointments, liaise with them where necessary and support the client and their family throughout the litigation process.
- We have recognised know-how and expertise. We are recommended specialists in the field of head injury work by many organisations, for example Headway, BIRT (Brain Injury Rehabilitation Trust), CHIT (Childrens Head Injury Trust), and the Spinal Injury Association.
- Succeeding in personal injury litigation is not all about obtaining compensation. We provide practical help and assistance to clients and pursue avenues that most solicitors would not, in order to obtain the best quality of life for our clients after injury.
Who can claim compensation?
If a person has suffered an injury or loss as a result of an accident then that person is a victim. Compensation for the injury or loss can be recovered if it can be proved that someone else is at fault.
Despite what is said in the media, statistics show that most victims do not make a claim for compensation when they can.
In cases of maximum severity it is sometimes not known who is at fault. In such cases it is very important that specialist legal advice is obtained as soon as possible to ensure that if there is a claim, it is pursued.
People who suffer serious injuries frequently do not investigate claims and try and cope not only with their injuries but also with their considerably changed financial circumstances. VICTIMS SHOULD SEEK LEGAL ADVICE.
How long have I got to bring a claim?
The general rule is that you have three years from the date of an accident in which you have must issue Court proceedings. If you do not issue Court proceedings within this time you will not be able to make a claim.
There are exceptions to the three-year rule but you do need specialist legal advice to find out when those exceptions apply.
The sooner a referral is made to a solicitor the better. It is much easier to investigate an accident and trace witnesses soon after the accident rather than years later. SEEK LEGAL ADVICE AT THE EARLIEST OPPORTUNITY.
How am I going to pay for the investigation of a claim?
There are different ways of funding the investigation of a claim. Some options are as follows:
Legal Expense Insurance
Many people have legal expense insurance. They do not always know that they have it. It can be attached to a car insurance policy or a houshold contents insurance policy. In some circumstances it could even be attached to someone else's insurance policy. We can advise you as to whether you already have legal expense insurance cover.
Some legal expense insurance policies specify that claims must be notified within a certain time period. If the claim is not sent to the insurance company within that time period, then legal expense insurance cover will not be available.
After the event insurance
Insurance policies are available that cover the costs of litigation after an accident has occurred. Again we would advise you on whether there was a suitable policy available to you if required.
Conditional fee arrangement
This is an agreement between the solicitor and the client which provides that if the solicitor takes on the case and it is lost, the client does not have to pay any money. To ensure that you would not have to pay the other parties costs we would recommend that you take out insurance cover.
Under a conditional fee agreement a solicitor is entitled to charge what is known as a success fee. This is an uplift on solicitor's costs. We will provide you with a full and detailed explanation of what this means.
We can help with a funding arrangement to help you pay an insurance premium. If the claim is successful you will receive compensation. Solicitors costs, including the insurance premium, and other expenses are recovered from the other party.
What do we need to prove for a claim to be successful?
We can only claim compensation if we can prove that someone is at fault and it is that which caused the injuries to occur. There are such things as pure accidents, and if there is no one to blame there can in some circumstances be no claim at all. It is difficult for clients and their families to judge for themselves whether someone is at fault and the law can be complicated. We will investigate the claim and advise you as to whether there is a claim or not.
Specialist and detailed accident investigation needs to be carried out in a number of cases. For example, a head injured person might not remember the circumstances of the accident. In that sort of case the family might reasonably consider that there can be no claim. However, a detailed investigation can establish what actually happened at the time of the accident and find out if someone is at fault.
As a specialist accident claim team we have lawyers who are trained to analyse the circumstances of an accident. We also regularly use a panel of investigators to analyse the information collected by us, and in some cases it is necessary to reconstruct the accident circumstances.
By way of example, in road traffic accident claims we liaise with the Police to obtain a copy of the Police Accident Report. We also deal with the Police specialist accident investigation team and collect their photographic evidence, plans and other documents. This type of specialist investigation together with the tracing and interviewing of witnesses can help to determine the cause of an accident.
How do we start a claim?
Having investigated the circumstances of the accident, we then have to consider whether there is a claim. Provided that there is, then a letter of claim (known as a pre-action protocol letter) is sent to the defendant (that is the person at fault).
This letter will set out
- Why we consider the defendant to be at fault
- Details of our clients' injuries, the financial losses that we are aware of, and any other relevant information
By way of example, if someone is seriously injured in an accident at work, generally there are a large number of documents which can be obtained from the employers that can help us advise a client as to whether they have a good claim to make.
Once we have completed our investigations, provided we are still of the view that there is a valid claim in law, the claim can be pursued through the Courts.
The defendants and/or their insurers are required to acknowledge receipt of the letter of claim within 21 days, and they then have three months in which to investigate the circumstances of the accident and report to us with their views on liability. They could admit liability, in which case we can start obtaining expert evidence to help us value the claim. Alternatively they may deny liability, in which case they have to provide full supporting documentation as to why they are not at fault. This will enable us to further examine the circumstances of the accident and advise a client on the merits of their claim.
If at that stage we are still of the view that there is a valid claim in law, Court proceedings will be issued.
Will I need to see a doctor or other expert?
In order to prove a case, expert evidence will be needed to show the following
- What injuries were suffered at the time of the accident
- The nature and extent of the severity of the injuries
- How those injuries will affect a client in the future
In addition, in cases of serious injuries, expert evidence may be required to determine
- The aids and equipment which might be required by a client
- The type off accommodation which might be needed in future
- What technological aids may be required to assist clients with severe disabilities
There will also be a report from a Case Manager who will be involved in helping to assess a client's needs, and finding carers and support workers.
Can I claim for out of pocket expenses?
As well as the injuries that are suffered by a client at the time of an accident, there are also financial losses. In many cases these can be substantial.
We prepare a detailed schedule of losses already incurred, and future loss which will deal with some or all of the following
- Loss of earnings
- If a client is injured but still able to work in some capacity, they may not be able to work in the same capacity as they did prior to the accident. They can be compensated for this.
- Pension loss
- Loss of overtime and/or bonus payments
- Care and/or support a client requires from others as a result of their injuries
- Aids and equipment
- Accommodation costs
- Private medical treatment
- Medication/prescription costs
- Any necessary rehabilitation
- Travelling expenses
- Other miscellaneous costs, for example an increase in heating bills, increase in telephone bills, and clothing costs
It is on the basis of the figures above that we can work out the value of your claim.
Will I need to go to court?
If the defendants do not accept that they are responsible for a client's injuries, the only way to progress the claim is to issue Court proceedings. This means that a formal document, known as a Statement of Case, is sent to a Court. The document prepared by us sets out full details of the nature and extent of the client's case, and why the defendant is at fault. The document also gives details of a client's injuries and financial losses, and there will be a medical report (obtained by us) attached to the Court papers.
These documents have to be served on the defendants and the following steps are usually then taken
- The defendant will file a defence confirming whether the claim is denied, and giving full details of what the defendant's case is.
- The case is then generally reviewed by a judge, who will often ask the solicitor to attend Court for a preliminary hearing. They will set out the timetable which gives details of the steps to be taken by both solicitors over a specified time period.
This timetable will usually include
- Both solicitors giving details to the other of the documents they intend to rely on in the case
- Exchanging witness statements
- Exchanging expert evidence
- A decision will be made as to which experts can be used in the case
- A document known as a Schedule of Damages and future loss is prepared
- A hearing date will be requested
- A Judge will often review all the evidence in a case before the actual trial and decide whether any other steps need to be taken by the solicitors
- There will be a trial
Is the claim just about money?
It is simply not sufficient to claim a large sum of compensation for a client. Our aim is to ensure that a client has the best quality of life available to them following an accident. We ensure that a rehabilitation package is set up. This could for example include the employment of other people to assist a client in going out, in helping them build up their confidence, and in helping them establish a good quality of life.
In cases of maximum severity a care manager is needed to establish what a client's care needs are, and then to ensure that the right resources and staff are employed to assist.
Aids and equipment can be absolutely essential for a client with serious injuries. Clients do not want to have to wait for other people to do things for them. They want to do as much as they possibly can for themselves. We can ensure that with the assistance of experts, the right aids and equipment are identified. With the use of an interim payment, this equipment can then be purchased.
Where a client sustains a serious head injury, they may suffer personality changes. We can ensure that experts are appointed to assist the client and their family in coming to terms with the changes. In such cases we would normally arrange for
- An initial assessment to ascertain exactly what the client's difficulties are.
- The employment of the relevant experts to assist the client in learning how to deal with their difficulties and learning to improve their quality of life.
What happens when I get my compensation?
We ensure that professional investment advice is obtained to help clients decide how best to invest their compensation and ensure that the right equipment is purchased if necessary. In cases involving very serious injuries, a client may not be able to manage a large sum of money. In these cases the compensation will be invested in the Court or we can advise on other ways of assisting a client, for example setting up a personal injury trust.
If our client cannot manage in their own property, where appropriate we can deal with the purchasing of an appropriate property. We are also able to advise on the making of a Will.