Do I have to pay if I lose my case?
Our services include a No Win No Fee approach to your case, you don’t pay a penny up front, or if your case is unsuccessful. No Win No Fee means just that – you only pay us if we win your case. Other lawyers may ask you to pay for medical or expert witnesses reports ‘up front’. We don’t. Using our experience to judge the potential prospects of success, we will fund every proportionate, reasonable aspect of your case up to the point that you are awarded compensation.
Can I apply online?
Will I be able to contact you throughout my claim?
Yes we are happy to answer questions and advise you throughout your claim. Please email or call us for advice or alternatively send us a secure e-mail about your case through the Accinet Case Tracker.
How do I know if I have a claim?
The best way to know if you have a genuine claim for compensation is simply to contact us and tell us about your experience, we will then let you know if you have a claim and what to do next. You can call, e-mail, text or start your claim online here.
What considerations do you make in determining if I have a claim?
There are many considerations we take into account when determining if we think you have a claim and as every claim is unique the best way to find out is simply to contact us and ask and we will let you know if you have a genuine claim.
What do you mean by Jurisdiction?
Our service is run by solicitors with expertise in English personal injury law. Therefore we do not deal with accidents that occur in other countries. On some occasions we are able to assist in certain holiday claims and in some other situations where both parties are English or Welsh and the accident occurs abroad. To find out if we can assist you contact us directly.
What are time limits or a limitation period?
The basic rule in this country (see jurisdiction) is that court proceedings must be started within 3 years of the date of the accident otherwise the claim is time barred. If you are under 18 at the time of the accident, those proceedings need to be commenced before your 21st birthday. There are sometimes exceptions to this or in some cases other rules apply so if you would like to find out if you have a claim simply call us for our expert advice.
What are small claims?
If the injuries you have sustained can be valued at less than £1000 compensation, the Court will track the matter to the small claims procedure. In these cases the court expects that you will be able to represent yourself and does not expect you will need legal representation. To assist you, the Court has developed a more informal small claims procedure. You can find out more at the Court Service website. Calling and speaking to one of our specialist solicitors about the accident or injury that you have suffered is the best way to find out if we can help you make a claim for compensation.
Can I claim if I trip on a footpath?
There is a general obligation upon the highways authority (usually delegated to the local council) to maintain public highways (the public roads and footpaths). However the courts have made it quite clear that this obligation is limited by the practicalities and costs of maintaining large areas of paths and roads from the public purse.
Yet the councils cannot ignore their responsibility since when they do, they leave themselves open to legal action from those injured as a result of their failings. However these cases are not straight forward which is where our expertise comes in. As we only deal with personal injury law we have the experience in dealing with cases in tripping and falling on a public footpath and can advise you accordingly.
Can I claim if I trip in a shop?
This type of case involves all manner of slips, trips and hazards. Common sense is usually the best guide to working out if you have a claim. If you have fallen over an electric cable stretched across the floor of a shop entrance and broken your arm, then you have a reasonable case against the shop.
Legally speaking we look at whether the area was reasonably safe or if there was negligence. We will ask what evidence you have. Usually this will include reporting the incident at the time, who witnessed the accident, who did you speak to at the time and what was said. There are also some defences to these claims. So for instance shops can avoid liability for injuries caused by spillages, if they can show they had a reasonably effective cleaning policy.
What do we mean by evidence?
Common sense is as ever the starting point. You know the facts of the accident but to prove a case when it is disputed evidence is invaluable.
Evidence could include:
- Witness contact details – names, addresses and phone numbers
- Photographs and sketch plans
- The defendant’s insurance details
- Accident book record
- Police, hospital and GP records
- Some evidence we will obtain for you and other evidence you will need to provide but it all depends on the type of case. For instance you will need to provide photographs of the location if the accident was caused by a fall on the public highway.
- GP and hospital records may be checked to confirm that the accident and injuries are recorded.
- Retain any contemporaneous notes, and sketches and record any reports you have made. Keep a full note of any expenses you are put to. If you take a taxi ask the taxi driver for a receipt.
- If you are claiming a loss of earnings, we will need your wage slips (or accounts if self-employed) for at least 3 months before the accident and also during the period you were absent from work. Although we can obtain this from your employer, on some occasions they are less than forthcoming with the information!
The evidence types above can all prove vital if any aspect of your case is disputed. However we appreciate in the moments following an accident, the last thing on your mind is to run around taking photographs, sketching the location or chasing witnesses for their details. Don’t worry – we look at every case on its merits.
Do you use Photographic Evidence?
Yes we can use photographs and often they are important evidence. They help to highlight your case and can win it. You should not have any problems taking photographs of a location as long as it’s a public place – but make sure there aren’t any local restrictions – generally it is not a good idea to take photographs near a military base!
If you tripped due to a defect on a public footpath or road, you will need extra effort to illustrate the size of the defect. The defendant will always want to see photographs of the defect and surrounding area with some indication of scale – place a ruler or match box by the defect and take photographs both close to and from a distance so that the defect can be readily identified. A distance photograph is important – 5 photographs of broken paving slabs do not prove the slabs are on your street! A photograph of the street with the slabs in the foreground does.
Do not take photographs of work premises or equipment without permission. It is likely this is a breach of the implied term of trust in the employment contract and may lead to your dismissal. Where you were injured by a defective product, photographs of the product and the defect itself will help to illustrate the situation and save time investigating your case. We usually find that the defect is repaired by the defendant once they are advised about the accident. Therefore take photographs immediately or as soon as possible after the accident.
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