Personal Injury
Frequently Asked Questions
Listed below are several points which deal with issues frequently raised by our clients. They are not intended to be a definitive guide, but a general indication of each specific issue. Each area will be determined by your individual circumstances.
How soon must I make a claim?
Read the following paragraphs carefully - remember the general rule in English law means you have three years in which to bring your claim. This is known as the limitation period.
Medical accident
If you are injured as a result of medical maltreatment, then you have three years in which you were injured, or from when you first became aware that you could take legal action/make a complaint or that you should have received legal advice. If you fail to issue proceedings within the three years you may be stopped from taking further action.
Injury / accident
If you have been injured or injured in an accident, you have three years from the date which you were injured or injured in an accident, or from when you first became aware that you could take legal action/make a complaint or that you should have received legal advice. If you fail to issue proceedings within the three years you may be stopped from taking further action.
Minors or persons with a disability
With children under 18 years of age, their three years does not begin until their eighteenth birthday. Clients incapable of managing their own affairs are protected by the provisions of the Mental Health Act.
Human rights
You should note, that since the 2nd October, 2000, there are further important changes to your rights. Since The Human Rights Act came into force, it will allow you to challenge any breach of those rights made by a public authority. A public authority, or someone acting with that authority, can be a court, hospital, police (please note this list is not exhaustive). If in connection with your claim those rights are breached, you must seek immediate legal advice, and in any event you must bring a claim for any breach of those rights within one year.
Contract
If you suffer an accident under private health care, there may be a breach of contract claim. If so, you must commence proceedings in respect of these claims within six years. If you fail to bring an action within this time, then you may be stopped from taking your claim further before the Courts. I would strongly advise you to keep this issue in mind when considering how you wish to proceed. Please note that I shall not be taking any further steps to protect your rights in this matter. Note that the Consumer Protection Act can now be used in appropriate Clinical Negligence claims.
Foreign jurisdictions
Please note that where accidents have occurred in abroad, a shorter and different time period may apply. In some cases, these limitations are affected by International Conventions. If you are in any doubt, do not hesitate to contact a lawyer, with foreign jurisdiction experience, as soon as possible.
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How can I pay your fees?
There are several options for funding your claim:
- Your initial consultation is free;
- The Personal Injury & Clinical Negligence department holds a Legal Aid Franchise for clinical negligence claims only. You should note that Legal Funding is now no longer available for other personal injury claims. For further details as to your eligibility visit the Legal Services Commission website at http://www.legalservices.gov.uk
- If you are eligible for Legal Funding for a clinical negligence claim you may be entitled to an initial 2 hour consultation and assistance under the Legal Help scheme. It is worth enquiring about funding if you are on benefits, have a low income or are under the age of 18.;
- Note that any Legal Funding application is means tested and your eligibility is based on the joint income of you and your partner;
- This firm offers a 'no win no fee' funding facility. This is assessed by reference to the case and its chances of success. If it is possible to offer you this facility, you will have to take out an insurance policy to cover the defendants costs in the event of your case failing. A success fee is set, and this along with your insurance premium can be recovered from the defendants, in the event of success, provided both are considered to be reasonable;
- Where a 'no win no fee' is offered, you would have to pay for your additional expenses, for example: medical records, medical reports, barristers fees (note if your case progresses to trial, your barrister will probably offer you a 'no win no fee' facility). These additional expenses can be paid as they arise, by instalments (subject to status), or by a loan facility through an insurance company. You should note that your own bank or lender may well offer you a more competitive rate;
- In cases where a 'no win no fee' is not appropriate, you may be able to purchase an 'after the event' insurance policy, again to protect you against our fees or the defendants. We will be able to assist you in obtaining quotes;
- You may already be covered by your insurance policy if you have the benefit of a house contents policy, certain bank accounts, union or other professional memberships, or other insurance policies. If so, your insurer may be able to offer you the facility to cover your fees and expenses with us and the defendants. If you are in doubt, then contact your insurance provider;
- Private funding. You can pay us on an hourly basis throughout the case. We may undertake certain financial investigations on a fixed fee basis.
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What could I gain?
It is important to protect you and your family in the event that you are injured. It is right to receive an award for your injury, but it may also be appropriate to consider:
- The effect of the injury on you;
- The effect on your employment;
- Any aids you may require;
- Transport difficulties;
- Further medical treatment;
- Accommodation needs;
- Re-training.
Generally damages are awarded for:
- General damages for pain, suffering and loss of amenity;
Special damages, for example:
- Personal care;
- Loss of employment;
- Future loss of employment;
- Assistance with DIY/ gardening etc;
- Future assistance with DIY/ gardening etc;
- Dependency (where appropriate);
- Medical treatment;
- Future medical treatment;
- Miscellaneous losses;
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Where can I find more information?
The following is intended to introduce you to other sites of interest. Please bookmark our page, as we are always adding to these sites of related interest.
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Do you have any other useful contacts?
Citizens Advice Bureaus
Acocks Green CAB
York House
2b Station Road
Acocks Green
Birmingham
B27 6DN
+44 (0) 121 708 1871
Chelmsleywood CAB
Stephenson Drive
Chelmsley Wood
Birmingham
B37
+44 (0) 121 770 5195 and +44 (0) 121 770 9985
Halesowen CAB
49 Summer Hill
Halesowen
West Midlands
B63
+44 (0) 121 550 8189
Handsworth CAB
197 Churchill Parade
Birchfield Road
Handsworth
Birmingham
B19 1LL
+44 (0) 121 523 3226
Kings Heath CAB
1 Station Road
Kings Heath
Birmingham
B14 7SS
+44 (0) 121 444 0706
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Kingshurst CAB
64 Over Green Drive
Kingshurst
Birmingham
B37
+44 (0) 121 770 4646
Northfield CAB
734-740 Bristol Road South
Northfield
Birmingham
B31
+44 (0) 121 475 2834
Shirley CAB
Shirley Centre
274 Stratford Road
Shirley
West Midlands
B90
+44 (0) 121 745 3148
Smethwick CAB
370-372 High Street
Smethwick
Warley
West Midlands
B66
+44 (0) 121 558 8500
Solihull CAB
Alice House
10 Homer Road
Solihull
West Midlands
B91
+44 (0) 121 705 2211
Yardley CAB
202-204 Church Road
Yardley
Birmingham
B25
+44 (0) 121 784 6455
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