Who is entitled to compensation?

Anyone who has had an accident that was not their fault or there fault entirely within the last three years may be entitled to compensation (two years for criminal injury, accidents at sea or air).

How soon do I need to I bring a claim?

The general rule is that if you have an accident then you must bring the claim within three years of the date of the accident or two years in respect of Criminal Injury, accidents at sea or air.

The exceptions to this rule are:

• Your were a minor i.e. under 18 years of age at the time of the accident, in which case the three year period starts when you turn 18, except where the claim is against the MIB for an untraced driver.
• At the time of the accident, you did not know you had been injured or that your injury was caused by an accident, illness or disease, but you found out later. Even if this is years later, the three years may start to run from the date of knowledge.

Who can I claim against?

You claim against the person who has caused you the injury or the person responsible for that person's action i.e. an employer.

• If you have a road traffic accident then you will claim against the other driver, however, if you are a passenger then you are entitled to claim against the driver of the vechile in which you were traveling, regardless of whose fault it is;
• Where you trip on a pavement, it may be the local council or district council that you sue;
• If you have an accident at work then your claim will probably be against your employer;
• If you suffer an injury as a result of an employee's actions then you would pursue the employer;
• If the accident occurred on private property then the claim would be against the owner or occupier of the property;
• If you slip or trip on flooring at, for example, a shopping centre or store, then you may have to sue the shopping centre or store or the person who owns the property where you were injured;
• In respect of products which you have purchased/used that have caused you injury you may have to sue the manufacturers or the suppliers of the product;
• If you are bitten or injured by an animal we maybe able to assist you in claiming against the owner of the animal.
• In circumstances where you have suffered food poisoning you will be entitled to sue the restaurant or hotel where you ate;
• Where you have received medical treatment, and as a result of the treatment you have suffered an injury you maybe entitled to sue the hospital or medical/dental practitioner for medical negligence;
• If you are assaulted then you maybe able to claim off the Criminal Injuries Compensation Authority;

How much is my claim worth?

Personal Injury claims are divided into two parts or heads of claim;

General Damages

General Damages are awarded to the Claimant to compensate you for Pain, Suffering and Loss of Amenity i.e. for suffering from the injuries and prevention of you enjoying your recreational activities.

Special Damages

Special Damages are awarded to the Claimant to compensate for financial losses and expenses suffered as a result of the accident. These losses may include:

• Loss of earnings
• Medical Costs
• Care and assistance
• Traveling expenses
• Cost of items replaced or required
• Other out of pocket expenses

You may not always be able to recover the full amount, as you are under a duty to mitigate your losses and the loss/expense must be a direct result of the accident.

When do I receive compensation?

The general rule is that you will receive your compensation at the end of your claim. However, if your opponent, (the defendant) admits liability i.e. the accident was his or her fault, but does not agree with the level of damages you should be awarded, then an interim payment maybe agreed, i.e. you receive part of the damages at an earlier date whilst the overall value of your claim is settled in court or agreed . This is more common in cases involving a high level of damages.

How much will it cost for me to pursue my claim?

There are several methods of funding a claim:

Legal Expenses Insurance

This type of insurance is purchased by you before the event and is often provided within your existing vehicle or home contents insurance policy. We would expect to be able to act for you under the terms of such a policy.

Conditional Fee Agreement - acting on a "No win, no fee" basis

It maybe possible to pursue a claim under a conditional fee agreement, depending on circumstances of the Claim. In which case, we would not charge a fee, unless the case is successful. If you lose, you do not have to pay for the work which we have carried out on your behalf, subject to the terms and conditions of the Conditional Fee Agreement. If however, you lose, you may have to pay:

• Your opponent's legal costs
• The expenses incurred in bringing the case (these are called disbursements and may include fees for medical and police reports)

In certain circumstances we maybe able to protect you, from these risks, by arranging after the event legal expenses insurance on your behalf.

As we act on a no win no fee basis and receive no fee if you lose, we are entitled to charge an additional fee if you win, called a "success fee". In a successful case, we would expect to recover this success fee from your opponents in addition to our costs.

For any specific advice please contact our Personal Injury Department.