Funding Your Claim
At your very first free consultation and assessment of your case with us, the Attwaters Jameson Hill Personal Injury Team will clearly explain the various options that may be available to help you fund your claim.
We do offer a genuine ‘no-win, no-fee’ agreement and if you choose this type of funding agreement you should have nothing to pay if your case is unsuccessful.
We will also arrange for an insurance policy to be in place to pay the defendant’s costs should you be required to do so.
If there is ever a situation in which you may be required to pay anything, you will be advised of that possibility well in advance so that you can avoid it arising, should you wish to do so.
What is Your Personal Injury Claim Worth?
Every claim for compensation is assessed individually and quantified according to the specific facts of the case. There is no set tariff for compensation, except in cases that proceed through the Criminal Injuries Compensation Authority.
Compensation is split into two categories:-
Compensation for pain, suffering and loss of amenity. There is no set amount but factors that will be taken into account include:
This is an award to compensate you for any expense and loss you have suffered as a result of the injury/illness.
It includes expenses or losses that you incur from the date of the accident until the conclusion of the case, also losses or expenses that you will incur in the future, such as:
- General Damages
- the degree of pain and suffering
- the length of time the pain and suffering lasts
- whether you will make a full recovery
- whether the symptoms are permanent
- the treatment required
- your age
- whether the injury/illness has exacerbated or accelerated another illness or condition
- how the injury/illness affects the things you do on a daily basis, at work, at home, socially and personally
- To assess how much your injury is worth, the Attwaters Jameson Hill Personal Injury Team will look at the guidelines that have been set and the awards that have been made in previous similar cases.
- Special Damages
- Loss of earnings
- Pension loss
- Medical expenses
- Cost of care
- Transport costs
- Aids and equipment
- Accommodation costs
Compensation payments are not subject to tax. You will, however, have to pay tax on any interest earned if the compensation is invested.
How Long Will Your Personal Injury Claim Take?
It is impossible to give an accurate time estimate as each case is different.
There are two factors which will affect the length of time the case will take; firstly, whether liability is disputed and, secondly, the severity of your injuries.
It will not be possible to conclude your case until the defendant accepts or is found responsible for causing the accident. It is also not advisable to conclude your case until we know whether your injury will continue to affect you in the future.
As a rough guide, if liability is accepted and your injuries are straightforward, your case could be concluded in between 12 to 18 months.
Your Attwaters Jameson Hill Personal Injury case manager will advise you on the timescales as the matter proceeds and more information is available.
Is There a Time Limit in Which Your Personal Injury Claim Needs to be Made?
In a claim for personal injury, under the Limitation Act 1980, the injured party has 3 years from the date of the accident in which to issue court proceedings.
In the case of industrial disease claims however, as there is no accident date as such, the injured party has 3 years from the ‘date of knowledge’ in which to bring a claim.
The ‘date of knowledge’ is defined as the date at which the Claimant knew or suspected they had a significant condition, (such as an asbestos related disease, occupational deafness, work related upper limb disorder and so on) and attributed that condition to their workplace.
‘Knowledge’ is not limited to actual knowledge and the Act includes knowledge which one might reasonably have been expected to acquire from the facts observable or ascertainable by you – or from facts ascertainable with the help of medical or other appropriate expert advice which it is reasonable to have been sought.
In fatal cases the claim must be commenced within three years of the date of death, or within three years from the date the deceased’s family became aware that the cause of death was due to a work related condition.
What Information Do You Need to Provide to Start Your Claim?
It is always a good idea to make a written record of how the exposure happened as soon as possible after the event, when it is still fresh in your mind.
Describe as much as possible. It’s better to have too much information than too little. This would ideally include:
- Date, time and location
- Detailed description of the incident
- Details of the responsible parties (preferably the full name and address)
- Witnesses’ details (preferably the full name and address)
- Receipts and expenses – including travel, mileage and parking fees for medical appointments for example. Note these on an ongoing basis.
- Record of medical appointments
Will You Need to Visit Our Offices?
Although our four offices are located throughout Essex and Herts, Attwaters Jameson Hill’s Personal Injury Team acts for clients throughout the United Kingdom.
All consultations can be carried out by phone, email or letter – whatever suits you best. We also have agents all over the country so we can arrange to visit you in your home or at your place of work.
It is important not just to choose a solicitor based on geographical location, but to choose your Personal Injury solicitor based on expertise, empathy, excellent client communication skills and a proven history on achieving the right results.
Will You Need to Go to Court?
Most cases settle through negotiation. It is only about 10% of cases that go to court and many of those are settled at court before the hearing begins.
If you do have to attend court, Attwaters Jameson Hill’s Personal Injury specialists have an enviably successful court record.
We will guide you and support you throughout, and you will be represented by a specialist solicitor or barrister at the hearing.
Will You Lose Your Job if You Sue An Employer?
It is illegal for your employer to sack you because you make a claim against them. Your employer should be insured and their insurance company will handle the claim and pay the compensation.
If you think your job will be threatened if you make a claim, you should contact Attwares Jameson Hill’s Employment Law department immediately.
Are We a Claims Management Company?
No. Attwaters Jameson Hill is a long and well established firm of Solicitors with specialisms in Personal Injury and Medical (or Clinical) Negligence claims.
We are professionally qualified and are subject to strict regulatory standards set by the Solicitors Regulation Authority. We are accredited by the Association of Personal Injury Lawyers (APIL).
Our lawyers are members of APIL, and some have individual accreditation with APIL. We also have individuals who are members of the Law Society Personal Injury Accreditation Scheme.
Membership of APIL and the Personal Injury Accreditation Scheme are both quality marks demonstrating a high standard of expertise in Personal Injury and Medical Negligence Law.
What Should You Do Next if You Think You Have a Claim?
If you believe you may have a personal injury claim, obtaining clear, high quality legal advice as soon as possible will ensure the correct issues can be identified and appropriate representations made.