Frequently Asked Questions
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How will I pay for my claim?
We at Croftons Injury Claims offer our clients the option of a conditional fee agreement otherwise known as a ‘no win no fee agreement’ which ensures that our clients can pursue litigation with complete peace of mind knowing that they will not have to pay anything in the event that their case is lost. This agreement may be backed up by legal expenses insurance, which is explained below in paragraph five. It is also likely that if we need to involve a barrister in the case and we are acting under a conditional fee agreement; the barrister will also enter into a similar agreement.
I am in pain and can’t get treatment to start soon enough. How can Croftons Injury Claims help?
As part of your personal injury case we can often persuade insurance companies to arrange physiotherapy or other rehabilitation. Other insurance companies will provide interim payments to enable treatment to commence. If neither are available, providing we believe you have a good case, we will fund the first £100 of physiotherapy treatment to enable you to start getting better sooner rather than later.
How do Croftons Injury Claims get paid?
In a successful personal injury case, the Defendant (or their insurers) are responsible to pay your legal costs. As a result of legal changes brought into effect on 01 April 2013, there may be some deductions from your compensation to cover certain fees that are not recoverable from the Defendant. These are always fully explained to you at the outset of your case and are always limited to a maximum of 25% of your compensation to ensure your protection. At the same time these legal changes occurred, the courts are now paying a 10% increase in certain types of your compensation to offset that certain fees are not recoverable from the Defendant.
Do I have a claim?
If you have been injured in an accident (including a medical accident) that was not wholly your fault you may be able to claim compensation. The strength of your claim will depend on many factors, but it may be possible to bring a claim even if it is alleged that you were partly to blame yourself. In most cases where symptoms last a few weeks or more it is worth finding out about the prospects of a claim.
What is my claim worth?
If your claim is successful, you will receive compensation for your injuries and the effect of the accident on your way of life. The amount of money payable will be decided in line with published tariff guidelines and previously decided court cases where compensation has been awarded. However, without detailed medical evidence it is normally impossible to estimate the value of a case. This part of your claim is known as general damages.
In addition, we will seek to recover any financial losses that you have incurred as a result of your accident (e.g. cost of private medical treatment, out of pocket expenses such as travel and painkillers and loss of earnings etc.), as well as losses you can expect to incur in the future. This part of your claim is known as special damages. Interest can also be awarded on the compensation that you recover.
How long do I have to pursue my claim?
There are strict time limits applicable to personal injury claims; the general rule is that a claim should be brought within three years of the date of the accident or the date that the client had knowledge of the injury or condition. In certain circumstances the court will consider claims brought outside this period but we would always advise that you obtain legal advice from a specialist solicitor as early as possible. Where the potential claimant is under eighteen years the general rule is that they have three years from the date that they turn eighteen to pursue any such action.
Legal Expenses Insurance
Some people have the benefit of legal expenses insurance within their household contents, buildings, motor or travel insurance, or as a perk through a credit card agreement. Other types of insurance policies such as these should be investigated first and foremost by providing those policy documents to your solicitor. The policies may be in your name or that of your partner, spouse or someone else in your household. If you have this insurance we will be able to use this policy to fund your claim at no cost to you. If you do not have this type of policy Croftons Injury Claims can arrange insurance to fully protect you against any expenses incurred in an unsuccessful claim.
Will I have to go to court?
The vast majority of injury claims settle out of court. Although if settlement negotiations break down, court action may be necessary to ensure that you are properly compensated.
I am nervous about pursuing a claim against my employers.
Employers are required to hold employer’s liability insurance.Sometimes employees are reluctant to bring a claim against their employer for fear of losing their job. Rest assured – you cannot be lawfully sacked for bringing a compensation claim against your Employer. Remember, it is not your Employer who is paying the compensation, it is their insurance, which is taken out by your employer for this reason. In the normal course of events, the claim will be investigated and progressed by an insurance company and we will not deal directly with your employers after the initial correspondence.