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Serious Injury Claims FAQs

Here you will find the answers to many of the most common Serious Injury Claims questions

Serious Injury FAQs

We can help you to claim compensation both for the physical and psychological injuries you have suffered, and for any financial losses, rehabilitation and care that have resulted from these injuries.

The amount of compensation you will be awarded will depend in the severity of your injuries and the effect these have on you, day to day. It will also depend on the amount of loss you have suffered moneywise, and the amount that will need to be spent to support you and your rehabilitation.

When seeking compensation for injuries every claim is different. Therefore, the amount you are likely to receive should your claim be successful depends on the type of injuries you have sustained and how long they might take to recover. Some might never recover fully.  We will rely on specialist medical experts to help us to assess your injuries and the rehabilitation you will need. They will also assess your progress along the way and help us determine what the future might hold for you, medically.

If necessary they will give evidence at Court.

The way compensation is assessed for injuries is based on

  • the extent of the physical or psychological damage
  • the effect the damage has on you, day to day
  • the extent to which the injuries respond to treatment
  • the likely outcome following treatment
  • the length of time it might take for an injury to recover or improve.

When seeking compensation for financial losses every claim is different. Therefore, the amount you are likely to receive should your claim be successful depends on the specific losses you have suffered as a result of the accident.

You can claim for the initial losses you have suffered and the extra monies you have had to pay out in the early stages following the injury.  These can be such things as travel to medical appointments or lost earnings.

In addition to any losses already suffered, you can also obtain compensation for costs or losses that will arise in the future.

Typical examples of specific financial losses include:

  • loss of earnings and pension
  • medical expenses for rehabilitation such as physiotherapy or counselling sessions
  • paying for your care
  • making necessary adjustments to your home
  • paying for aids and appliances to help your mobility and safety

It is important that documentation is kept, such as receipts, pay slips and bank statements, as these are helpful in proving the financial losses you have suffered.

Where possible, we’ll seek to obtain interim compensation payments to help ensure the necessary care and rehabilitation can begin as soon as possible.

The amount of compensation depends upon the type of injury suffered, the effects those injuries have on you and how long the effects will last.

In most cases the majority of the compensation granted is for financial losses and these vary significantly (even for very similar injuries) depending upon the personal circumstances of the injured party. For this reason, it is impossible to give an accurate prediction of the amount of compensation you may receive without knowing more about your situation.

We strongly advise you to be wary of websites which claim to be able to tell you how much compensation you will actually be awarded. It’s really not possible to do this.

The length of your claim is entirely dependent on the nature of your claim and the severity of the injuries sustained.

In straightforward cases, where there is no doubt about which individual or organisation was responsible for your injuries, and there are no significant ongoing symptoms, your claim could be settled in months.

In claims for a serious injury as a result of an accident, there may be arguments about who was at fault, and we will also need to establish the precise circumstances of the accident or trauma. We may also have to await the outcome of any Police or HSE (Health and Safety Executive) investigation.

Crucially, on any case we will need to investigate the full extent of your injuries, identify your future rehabilitation and support needs and all of your future and past financial losses. This takes time.

What we can say is that we’ll push your claim forward so that a conclusion is reached as soon as reasonably possible, and we’ll provide realistic estimates as to when this is likely to be.

Even where it’s not feasible to resolve your claim quickly, we’ll try to obtain interim compensation payments to help ensure that the necessary care and rehabilitation can begin as soon as possible.

We run all our serious personal injury claims on a ‘no-win-no-fee’ basis. This is an agreement between us that means if you lose your case you will not need to pay any legal costs to either us or the other side, providing you have not misled us.

If you win your case the Defendants will pay your compensation and most of the costs of the legal action. The compensation money is yours once you have paid an element to us for our success fee, any unrecovered costs and any insurance premium for your legal expenses cover. You will retain no less than 75% of your compensation.

We’ll explain carefully and in detail, how the funding of your claim works when we talk to you.

I have been seriously injured in an accident. Do I have to use the solicitor suggested to me by my insurance company?

In a word, no. You can choose any solicitor to assist you in your claim. If you already have insurance cover, such as legal expenses cover for home insurance or motor insurance, then we would contact them and arrange for them to instruct us.

It’s a very simple process. Don’t be persuaded to use the solicitor your insurance company puts forward. You’re under no obligation to do so.

In a word, no. You can choose any solicitor to assist you in your claim. If you already have insurance cover, such as legal expenses cover for home insurance or motor insurance, then we would contact them and arrange for them to instruct us.

It’s a very simple process. Don’t be persuaded to use the solicitor your insurance company puts forward. You’re under no obligation to do so.

Making a claim for employment liability injuries can be a long and complex process, so it’s important to seek legal advice as soon as you can. Specialist lawyers in the field of serious and personal injury claims can help to provide  guidance and support to employees who have suffered workplace injuries and help them navigate the legal system.

You’ll need to provide as much evidence as possible to support your claim. This evidence may include an internal workplace investigation or Health and Safety Executive investigation report, eye witness statements, medical reports, and photographic evidence of the scene of the accident. Find out more.

In the UK, there are time limits are known as the “limitation period”, and they vary depending on the circumstances of the injury. Generally, you have three years from the date of the injury to make a claim. This timescale applies to adults who have the capacity to bring a claim. Read more about how long you have to make personal injury claims here.

Criminal Injury FAQs

If your claim is a Criminal Injury Compensation (CICA) claim there will be agreement between us and you on how your case is funded. Funding for these cases is not the same as for personal injury or medical negligence. Assuming you co-operate with us, if you lose your claim you will not pay any costs to us for our time or knowledge in helping you make the claim. You may still have to pay other costs though eg for reports. If you win your claim, you cannot claim our costs from the Criminal Injuries Compensation Authority, they will be paid to us from your compensation payment. The costs of your claim for our time and expertise will be no more than 25% of your compensation (plus VAT) plus the cost of any additional expenses you incur to support your claim eg a Police Report or medical evidence. The rest of the compensation is yours.

We’ll explain carefully and in detail, how the funding of your claim works when we speak with you.

The Criminal Injury Compensation Authority make an award for the type of injury, the seriousness of the injury and the length of time it takes you to recover from it. These are a set amount. In addition you can claim for special expenses such as professional care costs, some treatment costs and in limited circumstances loss of earnings. In cases where someone has died, you can also recover funeral expenses. We will advise you further on this if you wish to pursue a claim.

The length of your claim is entirely dependent on the nature of your claim and the severity of the injuries sustained.

In Criminal Injury claims we may well have to await the outcome of a criminal trial, and for the Criminal Injuries Compensation Authority to carry out their own investigations into your claim. This will influence how long the claim takes.

Crucially, on any case we will need to investigate the full extent of your injuries, identify your future rehabilitation and support needs, and all of your future and past financial losses. This takes time, as you will appreciate.

What we can say with certainty is that we’ll push your claim forward so that a conclusion is reached as soon as reasonably possible, and we’ll provide realistic estimates as to when this is likely to be. Do not worry: you are in the best possible hands.

Personal Injury Trusts FAQs

In practical terms, setting up a Trust involves paying your compensation directly into a bank account in the name of a Trust rather than into an account in your name.

It involves appointing a minimum of two trustees who will manage the Trust; this could be you and your spouse, you and a family member or close friend.  This person will be managing your Trust with you, so therefore must be someone you trust absolutely.

What are the benefits of setting up a Personal Injury Trust?

The main advantage of a Personal Injury Trust is that you maintain your eligibility for means tested benefits, as when operated correctly, the Trust will ensure that you do not have more than the eligibility limit (which for many benefits is around £6,000 household capital) in your own name. 

Whilst eligibility for means tested benefits may not be an issue for you now, it may be sensible to place your damages into a Trust in case you undergo a change in circumstances in the future, such as ill health, which may mean that welfare benefits are necessary or to maintain future eligibility for care home fees.

At Price Slater Gawne, we charge a one-off fixed fee for setting up a Personal Injury Trust of £720 including VAT.

You will need to provide:

  • the names and addresses of your Trustees
  • your National Insurance Number
  • details of the benefits you are receiving and the address of the benefits agencies.

Price Slater Gawne also notifies the Benefits Agency about the Personal Injury Trust on your behalf. In order to do this, we require proof of identification for your trustees.

Price Slater Gawne can act as a Professional Trustee and we have a great deal of experience in this area so you are in safe hands. please contact our Serious Injury team via phone by calling 03333 058375 or email seriousinjury@psg-law.co.uk.

Motorbike Injury Claims FAQs

Our specialist team of Serious Injury lawyers has worked with many people who have suffered all kinds of motorbike accidents. We will be able to advise you as to whether you have a claim or not. If you have been injured in a motorcycle accident please contact us as soon as possible.

No. Your motor insurers will most likely refer you to a solicitor of their choosing. You do not have to use their solicitors. You can choose any solicitor you like. It is your claim. The most important thing for your claim is that you instruct solicitors who are experts in this field. 

If a family member has been involved in a fatal motorbike accident, you may be able to bring a claim on their behalf. If you a person who is financially dependent on them or rely on them for help and support, you might be able to claim for yourself and your family too. We are here to help. There are strict time limits for any claim so do get in touch as soon as possible and we can talk you through the next steps.

We are completely transparent about our fees, and will be honest about the likelihood of your case being successful, including how compensation you maybe likely to receive. All cases and claims vary. Please get in touch for a no obligation conversation so we can discuss your unique circumstances.

All cases and compensation vary. If you have been involved in a motorcycle accident, it is important to seek the advice of a serious injury solicitor who can help you determine whether you are eligible to receive compensation. An experienced lawyer can also help you gather the necessary evidence to support your claim and negotiate a settlement with the other party’s insurance company.

The length of time it takes to resolve a claim can also be influenced by a number of other factors, such as the speed of your recovery, the nature of your recovery and the number of medical assessments required.
If you have been involved in a motorcycle accident, it is important to work with a serious injury solicitor who can navigate the legal process for you. An experienced lawyer can provide you with a more accurate estimate of the time it will take to resolve your claim and help you understand the steps you need to take to protect your rights and recover the compensation you are entitled to.

Compensation for a motorcycle injury may still be available even if the individual is partially to blame for the accident.

Fire and Burn Injury Claims FAQs

Claims can be submitted for first, second, third and fourth degree burns caused by someone else’s deliberate act, or from negligence, such as a workplace accident, a road traffic accident or arson.

These could include:

  • Smoke inhalation
  • Chemical burns
  • Electrical burns
  • Scalding from hot liquid
  • Orthopaedic injuries
  • Neurological injuries
  • Psychological harm.

The compensation amount for your burn or fire claim will depend on the severity and extent of the injury and the impact it’s had upon your life, including any medical expenses and loss of income.

We have a team of specialists who can help with holistic assistance as well as compensation claims.

To support your case, we’ll need to gather as much evidence as possible that can help to establish the circumstances of the incident, the extent of your injuries, and the impact they’ve had on your life, as well as show the injury was caused by someone else’s negligence or wrongdoing. Examples of these include the following:

  1. Witness statements: Witnesses can provide valuable information about the cause of the fire or burn and how it occurred. Their statements can help to establish liability and show the impact of the incident on your life.
  2. Photographs: Photographs of the scene of the fire or burn, as well as of your injuries, can be a powerful form of evidence. They can help to demonstrate the extent of the damage and the severity of your injuries to support your claim.
  3. Investigation report: If the incident occurred in a public place or workplace, there will be an investigation report that documents the details of what happened.
  4. Expert reports: In some cases, you may need an expert report, such as a fire investigation report to support your claim. This can help to establish the cause of the fire and any mistakes that occurred.
  5. Financial records: If you have incurred any expenses as a result of your injury, such as medical bills or lost earnings, you will need to provide evidence of these expenses.
  6. Medical records: Medical records are a key piece of evidence in any personal injury claim. They will demonstrate the severity of your injuries and the treatment you received.
  7. Medical reports: We will arrange for independent medical experts to assess your injuries and provide reports on these to help us in our investigations.

Contact Price Slater Gawne’s expert Serious Injury team to discuss your case so we can assess and determine if you have a claim. Contact the team on 03333 058375 or email seriousinjury@psg-law.co.uk today. We’re here to help.

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