How much will I get?
How long will it take?
Who will pay my costs?
Will I have to go to court?
How do I choose a Solicitor?
How long do I have to bring a claim for compensation?
Do I have to use my Insurance Company’s Solicitors?

How much will I get?

This depends on the extent of your injuries and whether you have made a full recovery or not. One of our lawyers will advise you about the type of compensation you might get.

In addition to compensation for your injuries, you may be able to recover compensation for your lost wages. If, as a result of an accident, you are unable to work in the future, then you may be awarded a figure in respect of your future loss of earnings.

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How long will it take?

This largely depends on the severity of your injuries and how long it takes for you to make a recovery. If you make a full recovery from your injury within 6 months of the accident you may expect to receive your compensation within approximately 8 months from the date of the accident. However settlement times will vary and very much depend on the extent of the injury sustained and how long you take to recover.

In cases of serious injury or where there is permanent disability, it may take longer to finalise settlement of your claim. However, in this case, it may be possible to apply for an interim payment on account of the final award.

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Who will pay my costs?

Sheldon Davidson solicitors are able to act on a ‘No Win No Fee’ arrangement. This is something that should be discussed in detail with one of our specialist personal injury lawyers. If you are successful you will usually recover the costs of making your claim from your opponent in addition to any compensation agreed or awarded.

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Will I have to go to court?

We will always endeavour to settle your claim without going to court wherever possible provided that your compensation is not jeopardised. However there will be occasions when it will be necessary to issue court proceedings to recover compensation. The majority of cases settle out of court even when legal proceedings are commenced.

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How do I choose a Solicitor?

Accident and Clinical negligence litigation are specialist legal areas so you should only consider using a specialist personal injury or clinical negligence solicitor.

Choosing the right solicitor to represent you is very important. Ask your family, friends or colleagues for recommendations. You can also find solicitors via the Law Society website www.lawsociety.org.uk

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How long do I have to bring a claim for compensation?

For Personal Injury

There is a legal time limit for personal injury claims within England and Wales. A claim must be made within three years from the date of the injury, although there are different rules that apply for children, clients lacking mental capacity, criminal injury compensation claims, accidents on aeroplanes and ships.

The law requires an injured person to commence Court proceedings within the three year period and not just to consult a Solicitor with a view to proceeding with a claim.

Where the child is the injured person the three year limitation period does not begin to run until they reach their 18th birthday.

For patients under the Mental Health Act 1983, the time period does not begin until they cease to be a patient under the act and their legal incapacity is removed.

If an adult or a child dies as a result of their accident, bereaved relatives may bring a claim on their behalf within three years of the date of their death.

The court is also able to extend the basic three year limitation period at their discretion if the legal time limit period has expired. They only do so very rarely after examining a case and taking all the circumstances into account.

The claim period for criminal assault cases is two years from the date of the incident. In these cases the two year period will not be suspended to start from the 18th birthday of a child. It is the parents or guardians responsibility to make an application for compensation within the two year period.

Accidents that occur whilst on board an aeroplane or ship will usually be subject to a shorter time limitation period of 2 years although this can depend on the circumstances.

We recommend that you seek legal advice as soon as possible after you have been involved in an accident and while the events are fresh in your mind.

For Clinical Negligence

For Clinical negligence, a claim must be made within three years from the date the injury was sustained and Court proceedings must be started within this three year period. However, if a patient was unaware that they had been injured as a result of their medical treatment until a later date, the three year period may not start until the patient was aware.

Where the child is the injured person the three year limitation period does not begin to run until they reach their 18th birthday.

Where the injured person has suffered a brain injury as a result of his or her medical treatment or where he or she suffered from learning difficulties prior to the medical treatment and, in either case, the injured person does not have the mental capacity to understand the legal process and manage his or her own affairs, there is no limit upon the time for bringing a claim.

If an adult or a child dies as a result of their medical treatment bereaved relatives may bring a claim on their behalf within three years of the date of their death.

The court may also be able to extend the basic three-year limitation period at their discretion, if the legal time limit period has expired.

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Do I have to use my Insurance Company’s Solicitors?

No. If you have legal expenses insurance cover your legal expense insurer may contact you to arrange your representation, however, you are free to choose your own legal representatives and you should not feel pressured or obliged to instruct a solicitor chosen by your insurer. If you tell us who your legal expense insurer is we will contact them for you and arrange for them to cover you with us.

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