FAQ - Ever had a Personal Injury?

Updated: Nov 6, 2020

Our Frequently Asked Questions by clients have been answered by our very own Personal Injury Solicitor Kirsty John.

Will you help me with my rehabilitation and support?

Yes. We can assist with rehabilitation.

We can ask the Defendant’s insurer to offer rehabilitation, this can include an initial triage assessment to assess the course of rehabilitation required. If liability is admitted, we can obtain an interim payment so that you can buy private treatment. We can also include within your claim paid treatment you paid for yourself, most commonly physiotherapy, chiropractor session etc.

Who will pay for my rehabilitation?

The defence insurer or the claimant through an interim payment but the needs are included in the claim.

How do I fund my personal injury case?

We will assess your claim to see whether it is suitable for no win no fee arrangements and advise you on the best funding method for you.

What happens if I lose?

If you lose your case and provided you have been honest you should not have to pay your opponent’s costs. Your own costs will be written off under the no win no fee arrangement. Any disbursements paid in relation to your claim will be paid by an After the Event Insurance policy.

How do I pay if I win?

If you win, we will deduct a success from the amount of compensation awarded, never more than 25%.

Will I pay tax on my compensation?

No. compensation for injuries is normally assessed on the amount net of tax and it is compensation which is not generally subject to tax through the receipt of compensation may affect the entitlement of a household member to means assessed state benefits so a trust may be required to prevent this from occurring.

Can I claim for my loss of earnings?

In most cases, a loss of earnings claim can be brought provided the loss is attributable to the injuries. Such claims can be for historic losses which have already been incurred and for losses of earnings likely to arise in the future, for example, if a claimant cannot, because of an injury, work to normal retirement date or perhaps the range of jobs open to a claimant becomes more restricted due to injury.

Can you take over from my current solicitor?

We can always look at taking over a case from a firm of solicitors already handling the case but there are often practical difficulties over the payment of the fees of the first solicitors. It can increase overall legal charges so the question to be decided is whether swapping solicitors will be more beneficial than the resultant fee increase overall.

Is there a time limit?

In England and Wales, the general rule is that a claim should be brought within three years of the date that the incident causing an injury or illness occurred or the date you were first aware that you had suffered an injury or illness due to negligence. Additional time limits include:

  • · Where a claim is being made on behalf of someone who has died, the claim must be brought within three years of their date of death

  • · Where a claim is being made on behalf of a child, the three-year time limit does not begin until the child reaches age 18 in England and Wales.

For any further queries or information - Get In Touch today 01554 749144 / Kirsty.J@dpalaw.co.uk


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