How long do I have to make a claim?
Usually, in order to make a claim, court proceedings will need to have been started within three years of the injury or knowledge of the illness. This time limit varies depending on the nature of the injury, where it happened, and who the claim is against.
There are many exceptions to the three-year rule including claims for children, people suffering with mental incapacity and some transport related injuries. If you think you may have a claim, we recommend you contact and APIL injury lawyer as soon as possible.
What types of injury can I claim for?
There are numerous types of injury which could result in a claim but the most common ones are:
- Road accident as a driver, passenger, pedestrian or cyclist
- Accident at work - your employer has a responsibility to protect your health, safety and welfare
- Trip or slip where injuries are sustained on council properties, sports facilities, hospitals, public buildings or other places
- Clinical negligence such as mistakes or failures resulting in injury or worsening a condition
- Occupational disease including respiratory illness, exposure to materials and occupational stress
Can I make a No Win No Fee claim?
Most injury claims are funded by Conditional Fee Agreements commonly referred to as No Win No Fee whereby legal fees only become payable in certain circumstances. Your APIL accredited lawyer will explain to you what those circumstances are as they will depend on the type of agreement.
In most cases legal fees only become payable if the case is won and these are usually paid by the insurers. A success fee is separate from legal fees and reflects the risk that the lawyer incurred by only being paid if the case is successful. The percentage agreed should not exceed 25 percent of your compensation, excluding those calculated to pay for your future needs.
How much is my claim worth?
It is understandable that you will want to know how much compensation you can expect to recover. You lawyer will often try to give you a rough idea at the outset of your claim but claiming for a serious injury is not straightforward. Each case will be different as it will depend on the extent of your injuries and your individual needs. Compensation can be awarded for both your injury and financial losses.
It often involves gathering detailed evidence about loss of earnings, the cost of care, any housing adaptations or aids you may require to make daily living easier. Once this evidence is obtained, your lawyer will be unable to provide you with a more accurate figure.