Am I entitled to compensation?
You can make a claim for injuries and losses sustained as a result of an accident if an individual or business or organisation is proven to be either entirely or partly to blame. We will be happy to advise you as to whether you have a claim and guide you through the procedure that will follow. We will discuss with you who we consider is responsible for the accident and whether negligence can be proven against them. We will also discuss with you the different types of compensation you may be able to recover.
What does ‘no win no fee’ mean?
Usually, when a client instructs a Solicitor to complete some work for them, the client has to pay for the service from their own pocket. No Win No Fee is different in that you should not have to pay anything upfront and if you lose, you don’t pay anything. No Win No Fee agreements enable injured people to claim the compensation they are entitled to without any personal financial risk. Please note that due to a change in the law from 1st April 2013 if your case is successful you may have to make a contribution from your compensation towards your legal costs which we will be happy to discuss with you at the outset of your claim. At Wake Smith we take the risk and if we lose a case we simply do not get paid and you do not pay anything.
How long will my claim take?
The length of a case depends on the nature and severity of the injuries you have sustained and how serious your accident was. We can provide you with an estimated time frame once we have discussed your claim with you in more detail.
How much compensation will I get?
This is very much dependent on the severity of your injuries, how long your expected recovery time is and the specific circumstances associated with your claim. We will be happy to discuss this with you in more detail as your claim progresses.
Can I claim if the victim has died?
Yes, personal injury compensation claims are commonly brought by the widow/widower of the victim, or by the executors who are named in the victim’s will.
Will I lose my job if I make a claim against my employer?
No, all employers are insured by law and it is against the law to discourage or threaten or even suggest that your position at work will be affected by you making a claim.
Can I make a claim on behalf of someone else?
Many people require the assistance of others during their daily lives. Accidents can happen to any person, regardless of their personal circumstances and we can help people make compensation claims for someone who may be disabled or suffering with health issues that mean that they cannot deal with a legal claim by themselves. We will be happy to discuss this further with you and advise as to whether a claim can be made.
Can a child make a claim?
A minor can claim compensation but only if someone acts on their behalf. The person acting on behalf of the minor must be a parent, guardian or an adult with written permission from either a parent or guardian to act on the minor’s behalf.
How long after the accident/injury do I need to make my claim?
If you are considering making a compensation a claim it is important that you seek legal advice as soon as you possibly can. Court proceedings must be started within 3 years of when you had the accident or when you first became aware that you were injured. There are very few exceptions to this rule.
Can I claim for loss of earnings?
Yes you can. If you have suffered personal injury in an accident and this has resulted in you having to take time off work, then we can help you through this very worrying time. You will need to produce evidence of your earnings loss (payslips, accounts etc). In addition, any periods of loss you are claiming for must be supported by the expert medical evidence obtained in your case. You also have a duty to reduce your losses to a minimum and this includes going back to work when you can.
Can I claim for emotional distress?
Intentionally caused emotional distress or distress caused by negligence, is actually something that you may be able to claim compensation for. Quite often, a claim for emotional pain and suffering forms part of your claim for physical injury but it is also possible to make a claim even if you have not been physically injured, provided you can prove that the distress caused has greatly affected your quality of life.
Can I transfer my case from my existing Solicitor to Wake Smith?
You have the right to choose your own legal representation. If you already have a Solicitor and you are not entirely satisfied with the way your case is being dealt with, we will be pleased to explain the simple process of moving your claim over to us. We will also be happy to offer a second opinion with no pressure or obligation involved.
If I have lost a claim can I claim again with a different solicitor?
You may be able to instruct another Solicitor to look over your claim, provided there is sufficient time to do so. However, generally, once your claim has been unsuccessful it would be difficult to pursue it again.
Will I have to go to court?
The majority of personal injury claims settle without the need for the injured party to attend Court. There are exceptions though, particularly if your claim or your injuries are not straightforward. We will be happy to keep you informed of any developments in your case and discuss any Court appearances if they become necessary.
Will I have to pay if I lose my case?
If your claim turns out to be unsuccessful, your Solicitor won’t charge you any legal fees. No Win No Fee means just that.
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