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Personal
Injury
>>> Frequently Asked Questions
1.
Do I need Barker Son and Isherwood LLP Personel
Injury Department?
You
could deal with your compensation claim yourself.
However you will almost certainly find yourself
against an insurance company loss adjuster or
possibly the insurers Solicitors. They will have
substantial experience in dealing with claims
and it is obviously in the insurers interest to
avoid having to pay out if possible and certainly
to try and pay out as little as possible if they
do have to meet a claim. This is a complex area
of the law which is rapidly changing and we would
strongly recommend that in order to maximise your
chances of succeeding and recovering as much compensation
as possible as quickly as you can you should instruct
The Accident Shop who specialise in this area
of work.
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2.
Are there time limits for bringing a claim?
Usually,
claims for compensation for personal injuries
must be brought within 3 years of the date of
the accident. Different rules can apply in certain
particular circumstances such as in clinical negligence
cases where the period of 3 years may run from
a date later than the date of the injury. This
is a complicated area and we can discuss it with
you. In the case of children however any claim
must be brought by their 21st birthday. "Bringing
a claim" means issuing court proceedings.
In some specialised circumstances different periods
apply and it is important that you talk to us
as soon as possible to ensure that you will not
be out of time for bringing a claim.
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3.
I do not live or work close to Barker Son &
Isherwood LLP. Is this a problem?
Many
of our clients live locally. However we have many
clients who live much further afield, around the
country and abroad. By using modern technology
we are able to conduct cases efficiently wherever
our clients live. The distance you are from us
should not be a problem but if you are concerned
about this please discuss it with us.
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4.
Can I settle without having to go to Court?
Most
certainly. We encourage our clients to settle
their claims if at all possible without going
to Court. One of the over riding objectives of
the Civil Procedure reforms was to encourage parties
to settle claims and only resort to issuing proceedings
in Court as a last option. Settling disputes without
having to go to Court can often save clients a
lot of money and, of course stress. However we
would only advise clients to settle without going
to Court if the settlement terms were reasonable
and in our clients best interests. Some times
if the client has a strong case it is necessary
to take the matter to Court for the client to
achieve justice and the proper amount of compensation
to which he or she is entitled to.
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5.
What can I claim for?
You
can claim compensation (or general damages) for
pain, suffering and loss of amenity caused as
a result of the accident. You can claim a variety
of out of pocket expenses and losses both past
and future if they are reasonable and arise as
a direct result of your accident. This may include
travel expenses, prescription charges, loss of
earnings, care fees, additional accommodation
costs, cost of equipment and appliances, private
medical fees and a loss of pension. You can also
claim compensation for being disadvantaged on
the labour market or for not being able to carry
on with a particular job or employment in appropriate
cases.
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6.
Who do I make my claim against?
This
is often a fairly easy question to answer, depending
upon the circumstances of the accident. The claim
may be against another driver, an employer, a
local authority or council or the owner of a shop.
Sometimes enquiries have to be made about who
precisely is responsible and we can advise you
on this.
There are circumstances where it is not immediately
obvious that you may be able to bring a claim.
For example if you are injured in a road accident
and the other driver is not identified or cannot
be found. You may be able to bring a claim against
the Motor Insurers Bureau. In a case where you
have suffered injury as a result of a criminal
offence, if this was a significant injury reported
to the Police you may be able to make a claim
for compensation under a Government Scheme.
One
further point. You should remember that in the
vast majority of cases people are insured. Your
compensation will be paid by an insurance company
not by the other party involved, directly. You
should therefore be able to pursue a claim even
if you know the other party involved or they are
related to you, provided they are insured. We
can obviously discuss this with you.
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7.
What about legal costs?
Research
shows that there are thousands of people a year
who are entitled to bring valid claims for compensation
following accidents but they do not do so. Many
of them are worried about the costs. We believe
that everything possible should be done to ensure
that clients are not put off pursuing valid claims
simply because they are concerned about legal
fees.
Legal
Aid is no longer available to pursue the vase
majority of compensation claims although it may
be available, subject to means assessment, to
bring a claim for clinical negligence.
Many
people now have legal expenses insurance as an
addition to a car insurance or home buildings
or contents insurance policy. It is important
that you check any policies of insurance to see
if you have cover. We usually advise that we look
at any policy documents for you and advise you
accordingly. If you believe you have cover let
us know and we will make contact with your insurance
company for you after we have looked at the documents
and try and obtain approval to deal with your
claim under the terms of the insurance policy.
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8.
What if I was partly to blame?
If
you think you are partly to blame for the accident
we will discuss this with you. This should not
however mean that you shouldn't bring a claim
for compensation. If it is agreed that you are
partly to blame your compensation may be reduced
accordingly. The law is complex and we can advise
you fully about it. We deal with many cases where
our clients were to blame to some extent. Many
of them nevertheless result in substantial compensation
being recovered.
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9.
What do I have to do to win my claim?
In
the majority of cases you need to prove that another
party has been negligent, or was at fault. This
is not necessary in respect of some claims such
as those based upon produce liability however.
You will have to prove that you have suffered
injury, loss or damage and that there was a link
between the breach of duty and the loss that you
have suffered. It can sometimes sound complicated
but in the majority of cases things are quite
straight forward.
You
then need to gather together all the evidence
including documentary evidence and expert evidence
in support of your claim to enable it to be valued
properly and put to the other side. The majority
of valid claims settle without proceedings having
to be issued. Where proceedings do have to be
started in Court many more settle before any Court
hearing is necessary. You should not be put off
bringing a claim because you are worried about
having to go to Court at some point. In most cases
it is unlikely that you will have to. If you do
we will look after you and take the worry out
of having to go to Court for you.
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10.
What is no win no fee?
These
agreements are also known as "Conditional
Fee" agreements. Put simply, if your case
has a reasonable prospect of success we may well
be willing to take it on a no win no fee basis.
Such an arrangement does not mean that we take
a percentage of your compensation as payment but
we would charge a success fee, which is payable
by the other side. We have been running cases
on a no win no fee basis for a number of years
very successfully. We will obviously discuss such
an arrangement with you.
You
may be a member of a trades union or someone else
may be willing to fund the bringing of a claim
for you. You should always raise such possible
arrangements with us and we can discuss them fully
with you and advise you on the best course of
action.
Most
importantly, remember that we will always try
and find a way for you to proceed with your claim
and take the worry out of funding it.
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11.
How long will it take?
This
is a very difficult question to answer and this
is not intended to be typical lawyer's answer!
Every case is different. There are many different
types of claim. Most cases settle without having
to go to Court. In respect of those cases where
proceedings do have to be issued, most settle
without having to go to a hearing. Obviously if
an insurer argues about liability or about the
level of compensation that is due to you, or if
you have to undergo lengthy treatment and a lot
of enquiries have to be made in connection with
the claim, it is going to take longer. We believe
it is important to press on with claims as quickly
as possible but we will always discuss with you
and give you the best advice we can about the
timescales involved.
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12.
What do I do now?
Contact
us!
It
is very important to get advice as early as possible.
If you have a claim which should be pursued we
will advise you. It is important to gather as
much evidence early on in the case. Everything
you know about your accident and the claim should
be put into a statement. A note of your out of
pocket expenses and losses should be made and
kept up to date. You should obtain and keep receipts.
Photographs should be taken where ever possible.
A diary of recovery from injuries can be very
useful.
We
can advise you about all of these things. A detailed
letter of claim should be written to the responsible
party as quickly as possible.
You
can contact us in any of the following ways:-
Complete and submit to us the on-line enquiry
form.
Telephone us on 0800 376 5055 (our freephone number)
and ask to speak to Richard Gregory or Rachel
Barr.
Make an appointment to come in and see us at Barker
Son & Isherwood or ask us to come and see
you (no charge) at home, in hospital or wherever
is convenient.
Our initial advice is always free. If you ask
us to take your case on a no win no fee basis
and we agree we will enter into an agreement as
quickly as possible. In those circumstances you
will keep all of your compensation if you win
and pay nothing if you lose.
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