Personal Injury

Am I Eligible to Make a Personal Injury Claim?

If you are unfortunate to have been injured in an accident due to someone else’s negligence, you may be able to make a personal injury claim. You may make a claim regardless how minor your injuries are, and even if you are partially to blame.

The two most important criteria that MUST be met to make a personal injury claim are:

• Your injury was caused by someone else’s negligence or rash behaviour
• Your accident occurred 3 years ago. If you are a minor, 3 years from when you turn 18 years old. This is a significant criterion as you may be statute barred from bringing the claim if you do not do so within 3 years from the date of accident or 3 years from when a minor turns 18 years old.

What Evidence do I Need?

The key to a successful personal injury claim is clear and compelling evidence that proves the defendant’s negligence caused your injury.

It is important to be completely honest with the evidence you provide to your solicitors as any false or misleading information can lead to a claim for fundamental dishonesty against you.

The following presents a good checklist of information/evidence to obtain:

• The date of the accident
• The time of the accident
• The location of the accident
• How the accident occurred
• The contact details of any witnesses
• The injuries sustained
• Name and contact details of the Defendant (the person you are making a claim against)
• Any financial loss you (or your family members) incurred because of the accident. This includes loss of earnings, travel expenses while attending medical appointments, medical treatment costs, any care costs either by a friend, family member or medical practitioner
• Vehicle information
• Vehicle damage (include photographs if possible)
• Name of your GP practice and any hospitals where you have been treated

What Medical Evidence do I need?

You should seek medical attention as soon as possible from the date of your accident. Although you may think your injuries are minor, you should still seek medical attention as some injuries are not visible such as psychological and/or whiplash injuries. The purpose of the medical assessment is to prove that your injuries sustained stemmed from the accident itself and not other factors.

Who is responsible?

It is important to note that a personal injury claim is quite wide, and the following could potentially be responsible for your accident:

• A driver, cyclist, motorcyclist – Road Traffic Accidents
• Your employer – Employers Liability / Industrial Diseases and Illnesses
• A hotel, cruise line, tour operator – Holiday accidents and sickness abroad claims
• A local authority – Slip and trip accidents in public due to poor maintenance of public areas
• A product manufacturer – Defective products
• Ministry of Defence – Military claims
• Criminal Injuries – Criminal Injuries Compensation Scheme

Need Help?

Here at Law Lane Solicitors, we have the experience and expertise to advise you on your personal injury claim. If you would like to speak to one of our Personal Injury specialists, please call us on 0207 870 4870 today.

Our Experienced No Win No Fee Solicitors Are Here To Help You

Our solicitors are here to help you get the best result for your case, secure compensation, and aid in your rehabilitation if you or a loved one has been hurt due to a workplace accident or an accident in a public place.

For any new cases, we offer a No Win No Fee promise. Simply put, if your claim is unsuccessful, you won’t be charged. A deal between a solicitor and the aggrieved party is referred to as “no win, no fee.” It indicates that if the client’s personal injury compensation claim is denied, there will be no fees assessed. If your claim is unsuccessful, you won’t be charged any fees, however if your case is successful, clients typically pay 25% of any compensation that is recovered. This may differ and even be greater or lesser. If you don’t cooperate with your solicitor, termination fees can be incurred.

If you would like us to take over your existing file, which requires you to provide file papers for us to review and determine the merits of your case, we charge an hourly rate as follows:

• Nicola Miley (PI Team Lead): £546 + 109.20 VAT (£665.20 in total)
• Monica Coleman: £546 + £109.20 VAT (£665.20 in total)
• Jai Singh (Trainee Solicitor): £190 + £38 VAT (£228 total)

What is a Conditional Fee Agreement?

A Conditional Fee Agreement is an agreement between you and your solicitor where you only pay for your solicitors’ fees on the condition that your claim is successful, and you receive compensation as a result of your claim. However, if your claim is unsuccessful, under the Conditional Fee Agreement, you will not be required to pay for the legal work that your solicitors carried out.

What happens if your case is won?

• If your case is successful, the agreed legal costs will be paid to your solicitors along with a “success fee”.
• The success fee is capped at 25% which will be deducted from your final settlement amount.

What happens if your case is lost?

• If your case is unsuccessful, you will not be required to pay your solicitor’s legal costs.

What is Legal Expenses Insurance (‘LEI’)?

Legal Expenses Insurance is typically sold as an optional ‘add-on’ when purchasing an insurance policy, for example, home insurance or vehicle insurance. It is meant to cover uncertain risks, not inevitable or existing events. It can be used to fund the cost of defending your claim, bringing your case to court, or can be paid to access legal advice.

What is After the Event Insurance (‘ATE’)?

It is a policy that can be purchased after an accident/incident. This is usually purchased in the absence of a LEI.

What is insured under an ATE?

• Legal costs and disbursements – the ATE cover is provided if you have to pay all or part of your opponent’s costs and disbursements as well as your own solicitor’s disbursements.
• Insurance Premium – ATE cover is provided to pay your insurance premium if you do not recover any damages or compensation.

What is not insured under an ATE?

• Prior Costs – Any disbursements and opponent’s costs incurred before the commencement of the ATE policy unless the ATE policy company agrees
• Prior Agreement – Any disbursements incurred without your solicitors’ or the ATE policy company’s prior agreement
• Solicitor’s Own Costs – Your solicitor’s fees and charges
• Breach of conditions – Any disbursements and opponent’s costs where any of the conditions in the ATE policy have been breached by you
• Reasonable cause of action – Any claim which has been struck out or where the claim has no grounds for bringing the proceedings, the proceedings are an abuse of the court process, or your conduct is likely to obstruct the just disposal of the proceedings
• Failure to abide your responsibilities – Any disbursements and opponent’s costs where any of the requirements under your responsibilities have been breached by you

Please note that this list is a non-exhaustive list.

With the purchase of an ATE policy, you will not be required to pay for your opponent’s legal fees and your own costs and/or disbursements including the cost of the ATE as you will be self-insured.

Risks of Purchasing ATE insurance late in the process:

• It is possible to purchase ATE insurance at a later stage, but it is important to note that the general disadvantage of insuring late is that a high level of costs will have been incurred by this time and the risks of losing are considerable. Therefore, the ATE insurance premium will be very high in comparison to what is normally a fixed standard premium if the ATE insurance policy is purchased at the outset.

It is not a legal requirement to take out an ATE insurance policy, but it is strongly recommended to do so as you may be exposed to unnecessary financial risk if your claim is unsuccessful.

Conclusion:

The combination provides you total protection if your claim is unsuccessful:

• Conditional Fee Agreement – you do not need to pay your solicitor’s basic charges or success fee
• After the Event Insurance – you do not need to pay your opponent’s legal fees and your costs and/or disbursements

There are, however, exceptions, to the above if you are fundamentally dishonest in which case your claim may be dismissed and/or you may be liable to incur both your costs and disbursements as well as your opponent’s. This is because the Qualified One-Way Cost Shifting (QOCS) principle will be disapplied if you are found to be fundamentally dishonest (e.g. lying, exaggerating, manipulating the truth)

Need help?

Here at Law Lane Solicitors, we have the experience and expertise to advise you on your personal injury claim. If you would like to speak to one of our Personal Injury specialists, please call us on 0207 870 4870 today.