Personal Injury
Frequently asked questions
Why choose Freeth Cartwright LLP?Many lawyers try to undertake personal injury work but few have the depth and breadth of experience to carry out claims of maximum severity - we do. Cases of maximum severity require a particular expertise, which we have. We make certain that clients' cases are handled professionally and that all work is carried out to the highest standard using our specialist knowledge and experience.
As part of our service we offer our clients:
1. A free initial interview. We will travel to see a client at home or hospital where required.
2. We will provide immediate advice on whether there is a claim to pursue or not.
3. We will arrange access to support services.
4. Client Liaison Manager. We provide the services of a Client Liaison Manager, a person dedicated to assisting the seriously injured client 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.
5. Quality of Life - we will pursue avenues which most other solicitors would not (see later). Succeeding in personal injury litigation is not all about obtaining compensation. We provide practical help and assistance to clients to enable them to obtain the best quality of life after an injury.
6. We can provide information regarding any benefits that a client may be entitled to because of their injuries.
7. We can provide specialist employment advice if a client experiences difficulties with their employer.
Who can claim compensation?
If a person has suffered an injury or a loss as a result of a crime or an accident that was someone else's fault then that person is entitled to seek compensation for the injury or loss.
In some cases 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.
Despite what is said in the media, statistics show that most people do not make a claim for compensation when they can.
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. PEOPLE SHOULD SEEK LEGAL ADVICE.
How long have I got to bring a claim?
The general rule is that you have 3 years from the date of an accident in which to bring a claim or 2 years for Criminal Injuries Compensation claims (CICA). If you do not issue court proceedings in time ie by the third anniversary of the accident, then generally it will be too late and you will not be able to make a claim.
There are exceptions to the 3 year rule but you do need specialist legal advice to tell you when those exceptions apply. The same applies to the 2 year rule for CICA claims.
The sooner you see 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 expenses insurance
Many people have legal expense insurance. They don't always know that they have it. It can be attached to a car insurance policy or a household contents insurance policy. In some circumstances it could even be attached to someone else's insurance policy. We can advise whether you have legal expenses cover.
IMPORTANT - some legal expenses insurance policies specify that claims must be notified within a certain time period. If the claim is not sent to the legal expense insurance company within that time period, then the legal expense insurance cover may not be available.
After the event insurance:
Insurance policies can be bought which will 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 agreement:
This is an agreement between the solicitor and the client which basically provides that if the solicitor takes on the case and the case is lost, the client does not have to pay any money. To ensure that you would not have to pay the other parties' costs or any disbursements we would recommend that you take out insurance cover. (Disbursements are charges made by other organisations eg court fees, medical report fees, etc).
Under a conditional fee agreement a solicitor is entitled to charge what is know as a success fee if the case is successful. This is an uplift on solicitors' 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 and/or disbursements. If your claim is successful you will receive compensation. Your legal costs including any insurance premium, disbursements and other expenses are normally recovered from the other party in addition to your compensation.
What do we need to prove for a claim to be successful?
We can only obtain compensation if we can prove that someone is at fault and it is that fault 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/or 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 establish if someone is at fault.
As a specialist accident claim team we have specialist 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 and obtain a copy of the Police Accident Report. We also deal with the Police special accident investigation team and collect their photographic evidence, plans and other documents. If after taking these steps the other party denies they are at fault then we would instruct an independent accident reconstruction expert to report on the case.
This type of specialist investigation together with the tracing and interviewing of witnesses can help determine the cause of an accident.
How do we start a claim?
Providing there is enough basic information available regarding the accident circumstances, then a letter of claim (known as a pre-action protocol letter) is sent to the person at fault.
This letter will set out:
1. Why we consider the other person is at fault.
2. Details of the client's injuries and such financial losses as we are aware of, and other relevant information.
3. A request for immediate assistance with rehabilitation.
The defendant 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 medical evidence to help us value the claim. Alternatively, they may deny liability in which case they have to provide a full explanation with supporting documentation as to why they say 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?
Yes. 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
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 the accident. There is little point in a client who is seriously injured being stuck in the house all day doing nothing. We ensure that a rehabilitation package is set up. This could for example include employment or 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 case manager is needed to establish what a client's care needs are, and then ensure 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 with the assistance of experts that the right aids and equipment are identified and with the use of an interim payment purchase that equipment.
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:
1. An initial assessment to ascertain exactly what the client's difficulties are.
2. The employment of the relevant experts to assist the client in learning how to deal with their difficulties and learning to improve the quality of life.
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 other party does 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 formal documents are sent to a Court. The documents are known as the Statement of Case. The documents prepared by us set out full details of the client's case and why we say that the defendant is at fault. The documents also give details of a client's injuries, financial losses and there will be a medical report (obtained by us) attached to the court papers. Once these documents are sealed by the Court then these documents have to be sent to the other party or their solicitors. The following steps are then usually taken:
1. The other party will file a defence explaining if the claim is denied and, if it is, giving full details of what the defendant's case actually is.
2. The case is then generally reviewed by a judge who will set a timetable setting out what steps have to be taken by each party and over what period of time. This timetable will usually include dates for:
a) Both parties giving details to the other of the documents they intend to rely on in the case.
b) Exchanging witness statements.
c) Exchanging expert evidence.
d) A decision will be made as to which experts can be used in the case and whether if different experts are used they can reach agreement in the case.
e) Sending a document known as a Schedule of Special Damages (financial losses) to the defendant.
f) The defendant to send a Counter Schedule in reply to the Claimant's Schedule.
g) A date for the next hearing. (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).
h) A trial window.
Is the claim just about money?
We recognise that clients who suffer serious injuries do not simply want a sum of money sent to them at the conclusion of the case. They want to achieve the best quality of life possible.
With the right experts and the right advice even the most seriously injured clients can enjoy hobbies, interests and holidays etc. with the right help, support and equipment.
Even with serious injuries and disabilities, many clients wish to and can return to work with help and support. We can assist and obtain the best advice to suit the individual needs of each client.
What happens when I get my compensation?
When we can finally obtain compensation for a client we do so. However, timing is crucial. A case should only be settled once a final prognosis has been given and the client has reached a final stage of recovery.
We ensure that professional independent investment advice is obtained to help clients decide how best to invest their compensation eg in a Personal Injury Trust. This is a special Trust that ensures that a client can continue to receive any state benefits that they may be entitled to.
We can advise on the making of a Will. This is particularly important when someone receives a substantial amount of compensation.