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Personal Injury claims

A personal injury claim is a broad term used to describe different types of accidents.. As the UK’s most trusted and recommend personal injury service, we’re committed to answering your questions and providing you with free, impartial advice tailored to you – based on your experience and your type of accident. If you’ve suffered an injury and it feels wrong, find out how we can help you make it right now !

personal injury

What is a personal injury

personal injury can be: a physical injury, disease or illness, or
a psychological injury or illness. Sometimes, a personal injury could result in death.

Some personal injuries are:

an injury at work. This includes work-related illnesses such as a disease caused by working with asbestos
a psychological illness caused by stress at work
an injury caused in a traffic accident
or an injury received as a result of faulty goods or services
 injury caused if you trip over paving stones
a psychological illness suffered as a result of abuse as a child
an injury caused by errors in hospital treatment or by vaccinations
a physical or psychological injury sustained by a victim in the course of a crime
a psychological illness caused by discrimination or harassment in your work-place.

Benefits of Choosing Gowing Law

At Gowing Law, we specialize in personal injury claims. Our lawyers have a solid foundation of experience in injury claims, so we have the expertise needed to negotiate on your behalf. Our no win no fee agreement ensures that you don’t absorb any financial risk associated with filing a claim. We only collect our fee if your claim is successful. You shouldn’t have to worry about whether or not you can afford legal counsel, especially if you’re already struggling with a decrease in income. At Gowing Law, you don’t have to. Just give us the details of your case and we’ll do everything we can to get you the compensation you are owed.

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Criminal Injuries Compensation

If you have been injured as a result of a criminal act you may be able to claim compensation through the Criminal Injuries Compensation Authority (Criminal Injuries Compensation Agency in Northern Ireland). You may have been the direct victim of, for example, an assault or your injury may have been sustained when you were attempting to help the police after a crime had been committed. A close relative of a person who died because of injuries can also make a claim. You must report the incident to the police at the earliest opportunity and an application must normally be made within two years of the incident. However, in exceptional circumstances, the authority may be willing to extend this limit. An example would be if you are making a claim for abuse you suffered as a child. You must apply online or through the telephone helpline.

Claiming compensation

Over three million people are injured in accidents each year – at home, in their cars, at work, or outdoors. In many cases, someone else is at fault and the accident victims have a right to compensation. Although personal injury law is complicated, with the help of a personal injury solicitor the process of making a claim can be quite straightforward. Many solicitors offer a free initial consultation and will be able to tell you if you have a justifiable claim. A solicitor will also be on your side in dealings with insurance companies to ensure that your individual circumstances are fully considered.

THE PROCESS FOR PERSONAL INJURY CLAIMS

If you have an accident or an injury. you may be able to make a personal injury claim
(get compensation) form the person/people or company you believe is responsible for your
accident or injury.

HOW CAN A SOLICITOR HELP ME WITH MY PERSONAL INJURY CLAIM?

MAKING YOUR CLAIM AND GETTING EXPERT OPINIONS

the first step yur solicitor will take is to send a claimletter to the person/poeple
or company you are holding responsible for your accident (the defentant). This sets out
the deatils of your injury and what happened.
if you need and expert opinion to support your claim – for example, from a doctor- your
solicitor will suggest a relevant specialist.

The defendant has to letter within a fixed period-usually no more than there
months, and in many cases a much shorter period. In the defendant’s reply they
must say whether they accept liability, your solicitor will try to settle the matter out
of court

What your solicitor needs from you

To establish the details of your case, a solicitor will need to know:

  • the date of the accident, where and how it happened
  • the contact details for any witnesses
  • the details of your injuries, medical diagnosis and treatment received
  • whether you are a member of a trade union or you have legal expenses insurance policies, as this may entitle you to free or reduced-cost legal representation.

The solicitor may also need to see:

  • proof of your loss of earnings and other financial expenses that are due to your injury
  • documents relating to any insurance policies you have (such as household or motor insurance) to check whether these will cover the legal costs of your claim
  • any evidence that can be used to support your claim, including documents from before your accident or previous accidents in similar circumstances.

How your solicitor can help

Once you have explained the circumstances of your injury in detail, your solicitor will be able to judge:

  • how likely your case is to succeed
  • how much you might be able to claim in compensation.

They will also explain to you the legal processes involved in taking your claim further and how you will fund your case. You should ask your solicitor to send you a letter summarising the advice they have given you. This letter should confirm:

  • that the solicitor is happy to take your case on
  • the name and status of the solicitor or other person in the firm who will be your main day-to-day contact
  • how long the process is likely to take and arrangements for progress reports
  • how you are funding the case, an estimate of your costs and any agreed spending limits
  • when you might have to pay the solicitor’s costs and when you might have to pay the defendant’s costs .
  • any additional information you need to provide and what you should do if you are not happy about the way your case is progressing.

Going to court for your personal injury claim

If you decide to take the matter to court, your case will be passed to a judge. The court will let you know the date of your hearing, and your solicitor will tell you about any preparations you need to make.

The thought of going to court may be daunting, but it is important to remember that by this stage your solicitor will have prepared your case in detail and will have explained to you exactly what to expect. Then it’s just a question of waiting to hear the judgment and finding out if you have won and have been awarded what you were claiming.

Cost

Charges can vary between solicitors according to the complexity of your case, the method of funding and the experience of the solicitor. You may decide to compare the charges of a few different firms before you choose which one to use.

Your solicitor may ask you to pay their expenses to support your case as it progresses (for example, the cost of medical evidence). These expenses are known as ‘disbursements’.

There is no longer any legal aid for personal injury cases in England and Wales. But if your case is successful, the defendant should pay most of your basic legal costs. However, if your solicitor acts for you under a ‘no-win, no-fee’ agreement you will be liable to pay the solicitor’s ‘success fee’ as this is not recoverable from the other side (the defendant). The question is: what if you lose?

There are several options available to make sure that you can cover your costs if this happens. Your solicitor will explain all the options to you and advise whether you may have to pay any of the other side’s or your own solicitor’s costs.

Questions you should ask about costs

Your solicitor will help you to understand the costs of your case and how you can cover them. Here are the basic questions that you should ask at your first meeting.

  • How much is a case like this likely to cost, and how are the costs worked out?
  • Can there be a ‘no-win, no-fee’ arrangement, or will the solicitor charge you by the hour?
  • How will the fees be paid if you lose?
  • Will you need insurance cover to protect you against the possibility of paying the defendant’s costs?
  • What other options are there for funding your case?

How do I find a solicitor to help me make a personal injury claim?

To find a local solicitor who can help you with the process of making a claim, visit the Law Society’s Find a Solicitor website and use the quick search option “Accident and Injury” to find your nearest solicitor.

Choosing a law firm that has solicitors who are members of the Law Society’s Personal Injury accreditation scheme, shown by our quality mark, means that your solicitor will meet our high standards for personal injury services. You will also be using a specialist legal professional who is regulated and insured.

An information leaflet on personal injury is available in the following formats:

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