At Lawford Kidd we understand you have questions you need answered before making a personal injury claim - so we have compiled a list of frequently asked questions in help clarify the claims process.
Our legal team are experienced in dealing with all types of injuries, from accidents at work to road traffic injuries. If you think you have a claim, contact us today.
What Can I Claim For?
Whether it be an accident at work, pain and suffering, wage loss after an accident or the loss of a family member, a compensation claim can arise from numerous circumstances. No matter what the severity of the injury or trauma of the event, if you or a close family member have been injured and it was another person’s fault, you have the right to claim.
How do I Know If I Can Make a Claim?
In order to make a claim for compensation it is essential that your injury or illness occurred as a result of someone else's carelessness and not as a result of your own negligence. You will not be able to make a claim if the accident was your fault or if you cannot prove it was a result of someone else's carelessness.
Is it OK to Claim?
Absolutely! The law exists for a reason, to protect you. If you have been affected by an injury, been unable to work and have lost money due to an accident, you have every right to claim and try and seek compensation. You should not feel ashamed or embarrassed for holding someone to account for their actions.
How is Compensation Calculated?
In order to calculate the amount you should receive, it is imperative to obtain a Medical Report from your own doctor, or from an independent specialist detailing the extent of your condition as a result of your accident. The report will record injuries you suffered and what future issues may come to fruition as a result of your accident. The extent of your injuries and the distress caused will decide the level of compensation you are likely to receive.
Do I Have to See a Doctor?
Yes. In order to make a serious claim it is important to have medical examination. This will demonstrate the injuries you received and how they have affected your day to day life. Following examination, the medical expert will write a report that also contains their opinion on how your recovery is likely to progress, and what long term damage has been caused due to the accident. Additionally you may need to obtain a medical report provided by a psychologist indicating the mental effects of the injury.
How Much Compensation Will I Receive?
The amount of compensation you receive will vary according to the extent of your injuries. Every case is different, someone may have lost out in wages in an accident similar to yours, whereas you may have not. If you are absent from work due to your injuries then you may be able to recover your wage loss on top of your compensation. There are numerous factors that can establish the amount of compensation recovered. At Lawford Kidd we treat you and your claim as individual and our team of experts will always work had to get you the best deal possible.
Who Pays For Compensation?
The insurers, the defendant or the company who caused the accident are responsible for compensation.
If an accident was partly your own fault and partly another party you will still receive compensation, but it will be reduced by a proportion equal to the degree of your own carelessness, or contributory negligence. If, for example, only 60% of the blame for an accident is attributed to the other party, then your compensation will be reduced by 40%.
Will It Affect My Employment
Absolutely not! You have every right to make a claim, and if this should lead to your employer penalising you for issues relating to health and safety in the workplace then you have the right to make a claim for harassment or unfair dismissal. An employer cannot punish you simply for making a claim. We will strive to make sure we deal with your case in the correct and professional way to further protect your employment.
How Long Will it Take to Settle my Claim?
It is difficult to gauge just how long a case will be until we know the full extent of your injuries and have a clear understanding of the case. Each claim is different, however an undisputed, straightforward injury claim can usually be resolved in a matter of months. At Lawford Kidd we prioritise quality over speed to make sure that you get the best deal.
Do I Really Need a Lawyer?
Our lawyers are experienced and skilled in successfully pursuing personal injury claims and will support you through every step of the complicated process. If your case is taken to Court because you are not being offered appropriate compensation, a lawyer will act for you. We will make strive to make sure the insurance company does not undervalue your claim.
Will I Have to go to Court?
Probably not. The vast majority of cases get sorted before any court date. Your case is only likely to go to Court if there is a dispute over the claim.
If My Case Does go to Court Will I Need to Attend?
If your case cannot be settled out of court and does go to a final hearing, it is likely that you will need to attend, however if your claim is taken to court you will have a lawyer representing you.
Can I Contact my Lawyer at Anytime?
Yes, you have the right to contact your representation once your case has been taken on. Our lawyers will be on hand to guide you through the legal process and offer professional advice.
What if I Have a Previous Medical Condition. Can I Still Make a Claim?
Yes you can, however any relevant pre-existing medical conditions will need to be mentioned by the independent medical expert who will provide a report on your injuries. Although a pre-existing injury has no bearing on whether a claim can be made, it may affect the expert’s opinion of whether accident has worsened your condition or injury.
Do I Keep the Compensation I Recover
The amount of compensation you keep depends on the financial arrangement you have for funding the case.
Is There a Time Limit on Making a Claim?
Yes there is.
You can still make a claim for up to three years from the date of the accident (or two years for criminal injuries compensation). It's vital that any Court action must be started within this time or you'll lose your right to claim.
The deadline can be extended for a few types of industrial disease claims, so it's always worth contacting us even if you think three years have passed. For a disease case, a three-year time limit normally runs from the date you become aware of your condition.
How do I Know You're Right For me?
We have a lot of experience in this area, and several of our partners are recognised Legal Experts. We're listed as a Top 4 firm for personal injury claims in the independent guide, Chambers. We're also members of the Association of Personal Injury Lawyers (APIL) and Motor Accident Solicitors Society (MASS).