Copyright © JDM LEGAL 2006 -
Frequently Asked Questions
Do I have a Claim?
To succeed in a claim for personal injury you will need to prove:-
(a) That someone else was negligent or in breach of their legal duties; and
(b) That
this negligence/breach resulted in a foreseeable risk of injury or illness; and
(c) That
the injury or illness was in fact caused by the negligence/breach.
Each of these points has to be proved on a balance of probabilities (that it is more likely than not). We will consider these issues on your behalf based on your instructions to us and the evidence available.
We are often able to tell you, on your first call to us, whether your claim is likely to succeed. Sometimes however, we will need to make further investigations before we are able to assess the full merits of the claim.
What can I Claim for?
Where a claim is successful, compensation is paid for the pain
resulting from the injuries and also for any financial loss suffered.
Injuries (General Damages)
We will obtain an independent medical report which will
set out the nature and extent of the injuries sustained. The value of the claim for
pain and suffering will be based on the evidence contained in this medical report.
Financial Loss (Special Damages)
Any financial loss or expense (including lost earnings)
incurred or likely to be incurred in the future as a direct result of the injuries
suffered can be recovered from your opponent. You will be expected to provide documentary
evidence such as receipts etc in respect of any losses claimed. You should try to
keep losses to a minimum as only those losses that are reasonably incurred can be
claimed from the Defendant.
Are there any time limits?
The law allows a period of three years for a person claiming
compensation for personal injury (“the Claimant”) to either settle that claim or
issue court proceedings. The three years starts from the date the Claimant realises
he has suffered an injury. In the case of an accident this is usually 3 years from
the date of the accident In the case of an illness or disease suffered as a result
of working conditions, the 3 years usually runs from the date the Claimant first
knew, or ought to have realised, that he was suffering from a condition caused by
his work.
Where a person dies before this period expires, the 3 year time limit starts either from the date of death or from the date that the personal representative became aware the deceased had suffered an injury for which a claim could be made, whichever is later.
Where the Claimant is under the age of 18 at the time of the accident, the 3 year period starts to run on their 18th birthday.
If the case is not settled or court proceedings issued within these time periods then the claim will be out of time and the right to bring a claim will be lost. The Court does have discretion to allow a claim in late but such permission is very difficult to obtain.
What will it cost?
We aim to ensure that, whatever the outcome of your claim, you
will not have to pay anything in respect of legal fees. Usually the best way to achieve
this is to pursue your claim on a No Win No Fee basis. A No Win No Fee Agreement
means that if we do not win the claim for you and recover compensation on your behalf
then quite simply, we do not get paid. If we do win the case, then we will send our
bill to your opponent who will pay these costs in addition to your compensation.
Legal Funding Explained
