Our legal team have answered common questions relating to personal injury claims. Simply click on the question below to find out more about personal injury claims.
How long will it take to process my claim?
Every claim varies. Some claims may take a matter of weeks to resolve whereas other cases can take anything up to a couple of years. The length of time very much depends on the type of claim brought, whether liability is straightforward or now and the extent of the injuries sustained. We regularly keep client’s informed of likely time scales so that you are always fully aware of how your claim is progressing. We successfully settle the majority of our cases in 6 – 12 months.
How much will I get?
The amount you receive will depend on the severity of your injuries and the extent of other financial losses. Our case studies provide examples of what some of our clients have won.
As a guideline, here are some basic awards for typical injuries.
- whiplash (6 months) £2,000
- broken wrist £4,500
- fracture – leg £7,500
In addition, we would also be entitled to other financial losses and expenses.
Of course, other injuries can be more serious. We also handle cases involving multiple orthopaedic injuries; spinal injuries and brain injury, which can result in substantial awards. Each year, we recover damages totalling millions of pounds for our clients.
How much will it cost me?
We have a range of funding options available, ensuring no personal risk or cost to you throughout your case. For example, legal expenses insurance cover can be used in connection with your case. We also offer no win, no fee arrangements.
Contact us today to discuss your case and we will advise you from the outset what to expect.
What is “no win no fee”?
In simple terms this means that if you lose your case, you do not have to pay anything. If you win, your costs will usually be payable by the losing party.
No win no fee is sometimes also called a conditional fee agreement.
What is the process of the claim?
If you think you have a claim, call or email us today and one of our dedicated personal injury lawyers will get back to you.
We can advise you whether you have a claim, and we will discuss costs from the outset.
We don’t take cases on that we don’t think we can win. We always work with your best interest in mind.
We are recognised as one of the leading teams in the region.
What does a Personal Injury claim involve?
The aim of a personal injury claim is to prove that the Defendant (the person you are making a claim against) was responsible for your injuries and to maximise the amount of compensation that you receive.
There are two essential elements to a personal injury claim: Liability and Quantum (how much compensation you are to receive). This may sound obvious but it is important that anybody making a claim understands that these two elements are vital in succeeding a claim.
It is for the injured party to prove his case and persuade the Court that the Defendant was at fault for the accident. Straight forward cases such as the Defendant’s vehicle colliding into the back of your vehicle is very straight forward. Liability can never be taken for granted and must be fully investigated.
It will be necessary to obtain medical evidence in order to prove the injuries you have suffered. Instructing a doctor may appear simple but it is important that the right doctor is instructed. Once the medical report is received, your Solicitor will be able to value how much your injury claim is worth.
Can I make a claim on behalf of a child / minor?
The short answer is yes.
Before a child can pursue a personal injury claim an adult, known as a litigation friend, must be appointed to act on their behalf and provide instructions throughout the claim. This person is usually a parent or guardian over the age of 18.
A litigation friend
The litigation friend must have no interest in the compensation claim. For example if the parent of the child was driving the vehicle that was involved in the accident (where the child sustained injury) this parent would not be able to act on the child’s behalf. This is called conflict of interest.
Making a personal injury compensation claim
The child has 3 years from their 18th Birthday to raise a claim for personal injury resulting from the initial accident.
Most compensation claims from child accident claims will have to be approved by the court. The judge will look at all the medical evidence obtained and details of any financial losses as well as advice from a barrister (or solicitor if low value) and will also wish to meet the child before giving approval of the settlement..
In some cases the money will be invested in a court funds office and any interest accrued will then be released once the court has seen the child’s birth certificate and a copy of the order containing details of the settlement reached.
Alternatively, the court may decide that the monies can be paid to the litigation friend acting for the child to hold until the child reaches 18. Please note that this is purely within the court’s discretion.
Do I need to live near a local office to instruct Linder Myers?
No. We have a nationwide client base and it is not necessary to instruct a local firm of solicitors to handle your personal injury claim. In the event of a serious injury, we would always want to see you at your home.
We are happy to communicate with you either by post, email or telephone – you choose the most convenient method to you.
What is a Part 36 Offer?
A Part 36 Offer is a formal offer to try and settle a claim. The offer can be made by either the Claimant (the person making the claim) or the Defendant (the person whom the claim is being made against) at any time during a claim.