FAQs from Personal Injury Practice

Frequently Asked Questions

This area is designed to answer questions that you may have about our services but if you still have a question that has not been addressed in this section, please contact us.

Please note that these questions and answers are intended for general guidance only. The answers given may depend on the circumstances and details of an individual case. For more guidance or if you have more specific questions, please contact us by email or phone on 01606 87 22 00.

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How long will my claim take?

This will to a large extent be determined by the nature of the injuries you have sustained and whether the defendants have conceded liability for the accident.

In road traffic accidents where liability is not at issue and the injuries sustained are not serious we would expect matters to be settled in a matter of months. More complex cases can take longer. The vast majority of all cases are settled within 12 months.

It is important to realise that whilst we will act speedily and efficiently we need to ensure that you have fully recovered from your injuries or that the doctors have determined an accurate prognosis.

Once a claim is settled you cannot claim more later on so we need to ensure that you receive the proper compensation for your injuries and any complications that may arise in the future. We will never pressurise you into settling your claim, we want you to be entirely satisfied before it is finalised.

If I receive 100% of my compensation how do you get paid?

Obviously we do not work for nothing and handling personal injury claims costs us as a firm of solicitors a great deal of time and money. However unlike many claims management companies we do NOT deduct any money from your compensation.

Following the conclusion of a claim the defendant’s insurance company will issue a cheque in our Client’s name for the agreed amount of compensation. We will simply forward this on.

We then send a bill for our services to the same insurer who will negotiate directly the level of our fees with ourselves.

Whatever the outcome we do not deduct any monies from our Clients agreed compensation; guaranteed.

Sadly not all cases are successful. In the event that we do not win your claim we simply absorb the cost ourselves. You will not be charged a penny; guaranteed.

What is the Claims Procedure?

Once you have instructed us and we have taken down all the relevant information with regard to the circumstances of the accident we will write a letter of claim to the other party’s insurers. Under Court Rules the insurers have up to 3 months in which to investigate the claim and either admit fault or deny liability.

In many cases where the circumstances are clear cut, for example in a rear end shunt road traffic accident, and the insures admit liability straightway without the need for further consideration. If the blame for the accident is less clear-cut they may wish to investigate the matter further.

Once liability is admitted we will arrange for you to undertake a medical examination. The instructed doctor will be independent and one who is agreed by both parties. The report will be binding.

We will send you a copy of the report when it is available and then discuss its content with you to ensure that you are completely satisfied with it.

Only then we will negotiate settlement of your claim with the insurance company at a level of compensation previously agreed with you.

Will I have to go to Court?

The vast amount of claims are settled without the need for attendance at Court.

On the rare occasion where a dispute exists and Court proceedings are issued we will carefully go thorough the whole procedure with you and address any concerns you may have.

Why do I have to provide details of my household or other insurance policies?

Motor insurance policies and household contents insurance often have legal expenses insurance attached to them. If you advise your insures of your accident they will forward your claim on to one of their own solicitors. Not only will you have no say in the solicitor they choose for you, your insurers will also receive a fee for passing your details on.

As we have been instructed by yourselves to handle your claim it is a requirement under Law Society Regulations that if such legal cover exists we inform the insurers of our involvement. We therefore require details of any relevant policies to determine the type of claim they cover along with any limitations on it.

Regardless of the whether you have legal expense insurance cover or not you will still receive 100% of your damages guaranteed.

My symptoms have recovered; do I still need a medical examination?

In order to properly assess the correct amount of compensation that you should be awarded it is important that you undertake a medical.

The examining doctor will have access to your medical notes and will be able to refer to these in his report. Whilst your initial symptoms may have subsided by this time he will determine the prognosis for the future and whether it is likely that any problems associated with the accident will reoccur. A medical examination also gives you the opportunity to ask the doctor any questions that you may have regarding the injuries you sustained.

Any medical appointment will be made as close to your own home as possible so that you will not have to travel far.

Once your claim is settled you cannot apply for further compensation at a later date so it is vital that any injuries you sustained are properly assessed.

Only then can we obtain the proper level of compensation that you are entitled too.

Can my employers dismiss me if I make a claim following an accident at work?

If your accident occurred at your place of work your employer is not legally justified in dismissing you if you make a claim for compensation. If he did so you may well be able to claim for unfair dismissal.

It is important that you realise that employers are legal bound to take out insurance specifically to cover accidents that happen at work.

Any compensation that you are awarded will be paid for under the terms of the policy and will not have to be paid for by your employers.

What is a Conditional Fee Agreement?

You may have been asked to sign a Conditional Fee Agreement. This is an agreement that is used when you do NOT have the benefit of an existing legal expenses policy. It allows the Solicitors the claim their costs back from the Defendants at the conclusion of the claim along with a success fee. Whilst in principal the Client is responsible for their fees from the outset of the claim, in reality these fees along with any success fee will usually be recovered from the defendants or their insurers in full so that in effect you will receive 100% of your agreed damages.

Do I have to hire The Personal Injury Practice after the free initial consultation?

No. The initial free consultation is just that, but we hope that having advised you initially you will allow us to help you should you decide to pursue the matter with professional help.

Why do I have to present documentation to prove my identity?

This means that before a solicitor can proceed with your case, you will need to show them certain documents. These will include a current passport, utility bills and the like. Solicitors need to see the original items and need to retain copies for their file. We recommend that you do not send valuable items such as passports and driving licences through the post. For full details please call The Personal Injury Practice.

Citadel House • Solvay Road • Northwich • Cheshire CW8 4DP • helpdesk@piplaw.co.uk • www.piplaw.co.uk