Frequently Asked Questions – Personal Injury and Medical Negligence 

 

Yes if you have been injured as a result of the negligence of another person, or organisation, and the accident that was not your fault. 

 

We will be able to advise you on this and tell you if you have a good case. 

 

 

We offer to carry out all our personal injury claims using a No “Win No Fee” method of funding and, therefore, you do not need to pay a penny towards the funding of your claim. 

 

‘No Win No Fee’ (also known as a Conditional Fee Agreement) is a way of funding your claim. We work without payment from you and if the claim is unsuccessful we will not be paid. 

 

If we win the case, we are entitled to charge you a “success fee” which is payable out of the compensation amount. The success fee can be no more than 25% of the compensation you receive. 

 

 

This is often broken down into two parts. 

 

First, you can claim for your actual injuries, the pain and suffering that you have experienced, and how your injuries have affected different aspects of your life, such as your working life and social life. Often injuries can be psychological as well as physical. We can arrange to obtain medical reports to prove these injuries. This part of the compensation is known as General Damages. 

 

Secondly, you can also claim for past and future financial losses and expenses. For example, loss of earnings and the cost of treatment. These loses are known as Special Damages. 

 

 

We aim to complete all claims as quickly as possible. The average claim can take about 12 months to complete but contested cases often take longer. Either way we will always keep you up to date with developments. 

 

 

Yes, there is a time limit of three years. You must begin court proceedings within three years of sustaining your injury, or, if you weren’t aware you had an injury, three years of the date you first became aware of the injury. After three years, the case becomes ‘time-barred’ or ‘statute barred’. There are exceptions, such as, if the personal injury happened to a child, or someone incapable of managing their own affairs, but we can advise you of this when we see you. 

 

 

If anyone values your claim without sight of medical evidence then they would be guessing at best. We would be able to provide you with a broad indication but do not trust anyone who puts a figure on your claim without reference to medical evidence. 

 

 

You will need to attend an independent medical examination to prove that you suffered an injury. We will make the arrangements on your behalf, where possible, at a venue local to you. 

 

The medical expert will prepare a report based on their findings from the examination. If you are satisfied with its content, this report will be relied on as evidence of your injury. 

 

 

This is your decision but we would highly recommend it. As experts in our field we can get the best outcome for you. It is more than likely you will get more compensation if you use a solicitor as opposed to trying to represent yourself. 

 

 

One of our dedicated team will deal with your claim from start to finish. An experienced solicitor will deal with your claim. It will not be handled by anyone who is not qualified. 

 

 

Very few cases end up in a court room. This only usually happens if liability is disputed all the way to a final hearing. About 95% of all cases are settled outside court. 

 

 

If you have suffered a serious injury when you were working, it is unlikely that you will be able to immediately return to work following your accident, which often creates financial problems. We can request an interim payment on your behalf from the Defendant’s insurer to remove these financial problems. 

 

 

If appropriate we can arrange for rehabilitation services to be given to you to provide immediate care and help with your recovery. 

 

 

Yes, if you feel that your claim is not being handled professionally then let us know and we will arrange to have it transferred to us by signing a simple form of authority. 

 

If you require any legal advice with regard to Personal Injury or Medical Negligence or require any other legal advice then look no further than Avery Walters where some of West Yorkshire's leading medical negligence solicitors are based. Do not hesitate to get in touch with us today for a FREE initial consultation. 

 

Call one of our expert medical solicitors now on 0113 200 7480 or complete our online form. 

 

 

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