Frequently Asked Questions

Your personal injury case can take anywhere from three months to three years. The time it takes to settle a claim varies depending on:

1. Whether liability (fault) is admitted or denied by the defendant.
2. The value of your claim.
3. The severity and complexity of your injuries.
4. How long it takes your solicitors to get all the medical evidence and reports needed to support your claim.
5. If an agreement cannot be reached and it becomes necessary to litigate, essentially taking your case to the courts.

In some cases. people who are entitled to claim compensation are unable to do so for themselves and the law recognises this. In these circumstances, you can be appointed as a “Litigation Friend” for them and act on their behalf.

One of these instances is claiming on behalf of a child, as legally anyone under the age of 18 can’t represent themselves in a personal injury claim. In this case, a parent or guardian can act and deal with solicitors on the child’s behalf.

The Mental Capacity Act 2005 allows you to claim compensation for adults who lack the mental capacity to manage the claim themselves, for example if they have a brain injury, mental illness or dementia.

A high value personal injury claim is generally considered any compensation claim when the injury claim value exceeds £25,000. These claims do not run under the procedures set out in the Pre-Action Protocol For Low Value Personal Injury Claims.

High value personal injury claims will be run in the county court as “multi-track” cases. If the value of your personal injury claim exceeds £50,000, then these cases may be dealt with by a high court.

The Pre-Action Protocol For Low Value Personal Injury Claims is a set of procedures that should be followed to help settle a claim, prior to any legal proceedings in court. This applies to personal injury claims valued between £1000 and £25,000.

The aim of the protocol is to provide a timetable for meaningful communication, to share evidence such as medical reports and to help resolve any disputes without the need to issue court proceedings. If court proceedings are issued then these claims will be run by the county court as “fast-track” cases.

If you receive compensation then you will need to inform the Compensation Recovery Unit, or CRU, which is part of the Department for Work and Pensions, or DWP, this is so they can correctly determine your benefits allowance.

If your compensation brings your total savings up to more than £6000 then it may affect the amount of benefits you receive. However you could set up a personal injury trust, which is a separate bank account that protects your compensation from impacting your means-tested benefits. A personal injury solicitor will be able to offer you expert help and guidance so you can find the best solution for your circumstances.

Personal injury claims are valued based on your pain, suffering and loss of amenity. There are several factors that will determine how much compensation you are entitled to for your injury:

1. The type of severity of injuries you have suffered.
2. How long it will take you to recover from your injuries.
3. If there will be a full or partial recovery from your injuries.
4. What kind of treatment you have had any may need in the future.
5. The effects on your mobility and lifestyle.

This is why it is important to choose a specialist personal injury solicitor to negotiate settlement of your claim based on their experience, relevant guidelines and case law.

To accurately calculate how much compensation you are entitled to, you will need to go for a medical assessment which can be organised by your solicitor. It can act as important evidence for your case.

During the assessment, a medical expert will ask about your medical history, including the circumstances of the incident and the injuries or symptoms you’ve experienced. If needed, they’ll also carry out a physical assessment and in some cases, tests to fully evaluate the extent of your injuries. After this, the medical expert puts together a report which your solicitor can then use as proof for your compensation claim.

For the majority of cases, the defendant accepts liability and both parties agree on an amount of compensation to be paid. However, if the defendant refuses to accept responsibility for your personal injury, you may have to go to court so they can decided the claim for you.

In some cases, the defendant may admit fault but the amount of compensation can’t be agreed, meaning that the court decides on what a fair amount is. If your case ends up in court, your personal injury solicitor will be there to support you and help you understand how it works.

When you enter a “no win, no fee” agreement with your personal injury solicitor, a success fee is deducted from your compensation if you are successful with your claim. This fee is used to cover your solicitor’s work and costs, meaning there is no upfront payment. Legally, the success fee can’t be more than 25% of your pay out.

A “no win, no fee” agreement is a type of Conditional Fee Agreement  (or CFA) where you only pay a fee if your claim is successful. This means that you do not have to pay the solicitors any money to run your personal injury claim unless they achieve a compensation settlement for you, limiting the financial risk of making a claim.

It is not advisable to accept the first offer of compensation, particularly if this is made to you directly from the defendant or insurance company.

You should not feel under any pressure to accept any offer of settlement. If you do accept an offer, then this will be final and you would not be able to claim anything further if your injuries are more serious than you first thought.

An experienced and specialist personal injury lawyer can help you get the best injury compensation for you and your specific circumstances.

As Scotland and Northern Ireland have different laws to the rest of the UK, if you are based in either of these places you should only select compensation claim solicitors clearly marked as Scotland or Northern Ireland.

Similarly, users in England and Wales can select any solicitor or law firm, except those who only operate in Scotland and Northern Ireland.

The average payment for less serious injuries where a full recovery is expected range from £1000 to £25,000. For more serious injuries that cause a prolonged amount of pain, suffering and loss of amenity and may lead to a permanent disability, the range is from £25,000 upwards.

The level of compensation you will receive depends on the amount and duration of your pain, suffering and loss of amenity. Injury claim compensation is awarded based upon the Judicial College Guidelines, or JC Guidelines.

As well as compensation for your injuries, you can also claim for loss of earnings, medical expenses and treatment, rehabilitation costs, physiotherapy, care and assistance and any expenses you have incurred because of the accident – including vehicle damage and property damage.

If you have suffered a personal injury because of an accident that wasn’t your fault, you may be entitled to compensation. Compensation claims not only compensate you for your injuries but can also reimburse you for any loss of earnings and the cost of having private medical treatment.

A specialist personal injury lawyer can help you get a compensation pay out for your personal injury claim and any related losses. If you need treatment to aid with your recovery such as physiotherapy, your personal injury solicitor can arrange this privately, so you don’t have to wait for an NHS referral.

Compare Compensation Claims is a not-for-profit online directory site which provides a list of solicitors that are regulated by the Solicitors Regulation Authority (SRA) and members of the Law Society.

We aim to help you find experienced solicitors to make your injury compensation claim. The directory allows you to easily compare injury lawyers, the geographical areas they cover, the services they offer and their ratings.

Our site also contains blogs and news articles as well as useful information to help you learn more about how claiming compensation works.