If you have a question which is not mentioned below then please e-mail it to us and we will endeavour to deal with your enquiry.
You may already have, as part of an insurance policy (such as household or motor insurance), cover for the cost of our acting for you. You may also have cover as part of a membership of a trade union, a professional body or as a benefit of your credit card.
If you do not have any such cover we may still be able to act on for you on a "no win, no fee" basis.
We will advise you on all of these options so you can decide what you want to do BEFORE you start incurring legal costs.
You have a free choice and can choose who you wish to represent you. However many claims assessors advertising for injury claims are not regulated and are often unqualified. Solicitors are qualified and are regulated by the Law Society.
Our team includes members of the Specialist Law Society Personal Injury Panel and the Association of Personal Injury Lawyers. We are also a member of Headway, MASS and Inquest. We have years of experience in acting for people who have been injured in accidents and have built up an extensive database of experts and professionals who we work with to provide our clients with the best possible service and to help them get better.
We will explain how the protocol will work in your particular case but at its simplest it means that the party from whom you are seeking to recover compensation (usually an insurance company) must, within a period of just over three months, either accept legal responsibility for your accident or if liability is to be denied they must provide detailed reasons as to why that is so and where appropriate (such as with accidents in the workplace) they must provide us with all documentation which is relevant to your claim. It means that where liability is disputed it should be possible to make a more detailed assessment of the risks of litigation and the prospects of success, as there will be more information available on which to make that decision.
Liability is the legal responsibility for your accident and who, legally, is to blame for it.
Contributory Negligence: This is a common defence raised to a claim and means that the person claiming was potentially partly to blame for the accident as well. Examples could include, f you were not concentrating on what you were doing at the time of the accident, not watching where you were going, not following instructions provided to you by your employer, not wearing a seat belt etc. If you are considered to be, for example, 20% to blame for the accident your final compensation will be reduced by 20%.
The fact that an accident has occurred and you were entirely blameless does not necessarily mean that someone else is liable in law. To succeed in claims such as road traffic accidents or actions against your employer it is normally necessary to prove negligence. In some situations your case may be governed by an Act of Parliament such as the Occupiers Liability Act or by Statutes which include Health & Safety Regulations.
Photographs: Photographic evidence can be vital in proving who was to blame for the accident or injury. If your accident involved a car, you should take photographs of the damage before the car is repaired or scrapped. If you suffered a slipping/tripping accident, photographs of the defect that caused your accident are vital.
Video Evidence: It is becoming increasingly common for insurance companies to arrange video surveillance of injured claimants. This is particularly likely if you are claiming loss of earnings for a long period. It will be difficult, if not impossible to know whether you are under surveillance. This is a legitimate tactic used by insurance companies but your solicitor can challenge such evidence if it breaches your human rights, for example videoing you in your own home without permission. Insurers may also video claimants after they have received their compensation if they believe that a claimant has misled them about their injuries. This can lead to them making an application to the Court for the compensation to be repaid.
Witness Statements: It is likely that at some point we will have to send to the Defendant's Solicitors any witness statements on which you intend to rely. In cases where liability is in dispute then your witness statements will be swapped or "exchanged" simultaneously with statements from the Defence witnesses. We will discuss with you in detail the drafting of your Witness statement, which is an important step in every case. Under the Court Rules if your case ends up in Court then your witness statement will be your sworn evidence before the Court. It is vital therefore that it covers all the areas which you would want to tell the Court about in your claim and it is crucial that it is absolutely accurate.
We may need statements from others about the accident itself. It is often helpful to have statements from members of your family and/or friends about the impact the accident has had upon you.
In simple terms this is compensation.
The law can only compensate a victim of an accident in monetary terms with financial compensation or damages. Quantum is the value of your claim and is made up of various component parts including compensation for your injuries (general damages) and your out of pocket expenses (special damages). The damages you receive are supposed to put you in the position you would have been in had the accident not occurred.
This is the compensation for the "pain, suffering and loss of amenity" [PSLA] sustained by the victim of the accident. The amount of the damages will depend on the severity of the injury, the speed and extent of recovery and the effect that it has had and will have on that individual's lifestyle. It will normally be necessary to obtain a medical report from an appropriate doctor about the extent of the injury. Sometimes it is necessary to see more than one specialist. It is often helpful to keep a diary recording the pain that you suffer from, particular difficulties you encounter, events or activities that you are missing out on, care or help that has been provided to you by a member of your family, or friends. It is also helpful to record trips you make to the Hospital, GP or other medical advisors and the expenses you incur. Claims can, on occasions, take years to conclude and a note made at the time can be invaluable.
Normally you get one chance to settle your claim on a "once and for all basis". The Court needs to know what your future holds before assessing your damages. It can be dangerous to proceed on the basis of an uncertain or unclear prognosis. It is normally preferable to wait until the recovery process has been completed as far as possible. It is for that reason that some claims can take several years to resolve whilst the recovery process progresses.
In injury cases, once all the medical evidence has been obtained your case can be considered along with the Judicial Studies Board Guidelines which are produced periodically. They are usually the first authority that a Judge will look at. It is then usually necessary to consider other cases which have been decided by the Courts in England and Wales where similar injuries have been sustained. That helps the Court and us fix your case under the appropriate bracket. These cases are reported and we subscribe to a number of specialist periodicals, which keep us fully up to date about the awards being made. We also have access through the Internet to the most up to date information.
Below is an extract from the Guidelines produced by the Judicial Studies Board providing an indication of the types of awards expected for different injuries:
Special damages are out of pocket expenses and money losses - such as travel expenses, clothing or lost earnings. They can include claims for domestic help, pension losses and nursing care.
Please retain any payslips, invoices or receipts in support of your claim.
Special damages can be both expenses that you have already incurred but also expenses and losses that you may incur in the future. It is not unusual that the claim for loss of earnings is the largest part of the claim. This varies from case to case and individual to individual. It is for this reason that comparing your case with those you read about in the press may be misleading.
This can be claimed if as a result of your injuries you are disadvantaged on the labour market and might find it more difficult to obtain work in the future because of the injuries sustained in the accident.
Once the final amount of compensation has been decided then a decision has to be made as to whether the money should be paid as one lump sum or whether some or all of it should be paid in instalments. This is known as periodical payments.
Usually periodical payments are considered where the injured person is likely to have substantial ongoing expenses arising from their injuries, for example the cost of continuing care.
The advantages of periodical payments are that they are guaranteed for the Claimant's lifetime so that portion of the damages will never run out.
Once an injury claim has been settled this is usually a final settlement meaning that you are not entitled to reopen your case at a later stage and ask for more compensation. In some cases however this is not appropriate.
Provisional damages are used where there is a serious risk that your medical condition will deteriorate in a certain time in the future. An Order for Provisional damages means that you can apply for further compensation at a later stage.
Sometimes! Please raise this with us.
Where the Defendant will not voluntarily agree to make an interim payment then it may be possible to apply to the Court for one. The conditions to be satisfied before the Court will Order an interim payment are:
This is the stage in the proceedings where each party has to disclose to the other all the documents that they have or have had which are relevant to the issues in the case. In road traffic accidents for example this is normally limited to documents in support of your claim for special damages. Here it would include wage slips, receipts, and invoices for car repairs. In accidents at work then it may include correspondence between you and your employer, Contracts of Employment, Manuals you have been issued with. It may include some of all of your medical notes and records. You will have to sign a certificate that you have disclosed all relevant documents. We will discuss with you what documents may be relevant and should be disclosed. You should not withhold or destroy a document because you consider that it may be unhelpful to your case. Every case is different.
It is always necessary to obtain a medical report in every claim involving personal injury. In more minor cases that could be provided by a GP. In other cases it will be from a Consultant. In some cases your injuries may mean that more than one expert is involved. Your consent has to be given before any medical report can be obtained, as it will often involve the release of your notes to the expert.
It may be necessary to obtain a report to deal with liability such as from a fire expert, a road accident reconstruction expert or a health and safety specialist. Reports from other experts, such as accountants or employment consultants, may be required.
We will discuss this with you. Over the years we have built up a database of experts whom we have approved and whom we can recommend to you in particular areas. If, unusually, we do not have an appropriate expert within our own database then we will make other enquiries. It is now usual to try and agree with the Defence the name of the Doctor who will examine you. The purpose is to try to ensure that you are seen by only one Doctor in each speciality and the degree of conflict and argument is reduced.
This is an attempt by one or other party to try and settlement all or part of the claim. It is a significant step in any case. We will advise you fully about the consequences of such a step should it happen in your case.
Unless you are under 18 you normally have to commence proceedings within 3 years of the accident, or the act of negligence. In certain limited claims that time limit can be extended. If you are under 18 when the accident occurred, then you have 3 years from your 18th Birthday. It is always best to take advice as soon after the accident as possible whilst all or most of the evidence is available, and memories are fresh!
If you fail to issue proceedings within 3 years of your accident you may be unable to pursue that claim at all. The Court does have a discretion in certain cases to allow you to proceed with your claim out of time but you must not assume that permission will be given in your case. There are some exceptions:-
The best advice is always to seek our advice as soon as possible after an accident occurs. Claims, unlike wine, do not improve with age!
As a Claimant it is for you to prove your case. That may require attending Court to give evidence. It is fair to say though that only a small percentage of claims result in a trial when the Claimant has to give evidence. We have to work on the assumption that your case might be the one which reaches Court and to prepare it on that basis. Most people are anxious about the possibility of having to give evidence. Giving evidence is not a memory test, please see the section above on witness statements. Most Claimants are nervous about this prospect of giving evidence but if you are concerned please raise this with us and you should do so before we issue Court proceedings.
It is often necessary to issue Court proceedings, but only a very small percentage of cases ever reach a final hearing at which it would be necessary for you to attend Court to give evidence
If your claim is complex then it may be necessary to obtain the advice of a Barrister (sometimes referred to as "Counsel") to ask him or her to prepare some of the formal documents in your case, to advise about the prospects of success or the value of your claim and it may be necessary for the Barrister to conduct your case in Court. The involvement and retention of Counsel is something that we will discuss with you.
This is the Compensation Recovery Unit and is part of the Department of Work and Pensions (DWP). Every claim for compensation for injuries has to be registered with the CRU, because if your case succeeds the Defendant or insurance company will need to refund to the DWP the benefits you have received as a direct result of the accident. These benefits are normally deducted from your claim. We will send you a copy of the CRU statement when received from the DWP to let you check that you agree with their figures. To register your claim with the DWP we need your date of birth, National Insurance number, pay roll number (if you have one) and name and address of your employer (if you are working).
E.g. John works part-time at a local supermarket and earns £100 net per week. He is off work for 10 weeks and received £50 benefits per week.
His loss of earnings claim is 10 weeks x £100 = £1,000. The DWP issue a Certificate of Benefits showing 10 weeks x £50 = £500.
The Defendant insurer pays the DWP £500 and John receives the balance of £500.
Possibly. This defends on the amount of compensation you receive and whether your benefits are "means tested" or not.
It may be to your advantage to set up a special form of trust to protect your entitlement to your benefits. We have a specialist Trust Department who can give appropriate advice on this and other matters to protect your estate. Please raise this with us.
Yes, we have arrangements with independent financial advisers who can assist. If you want to buy a property we have an experienced Conveyancing Department based at our office in Southernhay who will be pleased to assist.
The law provides special protection to children and patients (a person under a legal disability - this is usually someone with a mental disorder rendering them incapable of managing their own affairs) who has suffered injuries and who wishes to bring a claim. This would include someone who has been so seriously injured in an accident that they are unable to provide instructions themselves.
Time Limits: The general rule that a claim must be commenced at Court within 3 years from the date of the injury does not begin to run until the child has reached 18 years of age. In the case of a patient the 3 year limit does not begin to run until they cease to be under a disability and are capable of managing their own affairs.
Litigation Friend: A child or patient must bring a claim through a Litigation Friend. The Litigation Friend must be an adult and be able to act ‘fairly and competently' and have no interest in the claim. All decisions in respect of the claim are taken by the Litigation Friend on behalf of and for the benefit of the child or patient. Usually the Litigation Friend is a parent but in some cases the Court can appoint a professional person to act, such as a solicitor.
Compensation: To protect the interests of the child or patient it is a requirement that no settlement of their claim can be agreed without the prior authority of the Court. Even if the parties are able to negotiate a reasonable settlement the Court's approval is still needed. This is to ensure that the settlement agreed is reasonable and is in the best interests of the child or patient.
Once the settlement has been approved by the Court the compensation money will be paid in to Court and invested in a special account where it will gain interest. This money will then be released to the child on their 18th birthday. In the case of a patient the money will continue to be invested until they are capable of managing their own affairs.
It is possible to apply for some money to be released from the funds in Court if they are to be used for necessary expenses for example medical treatment, education etc.
The Public Guardianship Office helps look after the affairs of people who are not mentally capable of doing so themselves. They are part of the Department of Constitutional Affairs and are the administrative section of the Court of Protection.
Any patient who receives damages of more than £30,000 will have their compensation held by the Court of Protection and a Receiver will be appointed to act in the best interests of the patient including looking after their property and making sure their money is being used to give them the best possible quality of life.
A Receiver could be a parent or guardian, it could be a spouse or sibling or indeed anyone who is capable of fulfilling the role. Where there is no one who is willing or able to apply then the Court can appoint a professional Receiver. This could be your solicitor or someone from an approved panel. Where a professional Receiver is going to be appointed then it is usually possible to recover their fees as part of the damages.
We have experience of acting as a Receiver for our clients and will discuss this further with you if necessary.
Potentially. The claim is primarily for the loss of financial support. Some times this is obvious, for example:
It could also apply in other cases such as a parent who is financially supported by a child or a niece who is being funded through college by an uncle.
In order to establish a claim under the Fatal Accidents Act 1976 you would need to show that you fall within the category of ‘dependant' set out under the Act. Dependants, for the purposes of pursuing such a claim will include:
It is an inquiry held by a Coroner in to the circumstances surrounding a death. The Coroner's duty is to try and establish who has died, how and where. This process takes place at an inquest where witnesses may be called to give evidence. Relatives and others are entitled to be present and to ask questions.
An inquest is not a criminal Court and the Coroners role is not to blame or punish any one for the death. This is the role of the criminal Court.
Any one who is facing a criminal charge in connection with the death will not be required to answer incriminating questions at the inquest.
Coroners often reach a verdict of accidental death when someone has died in a road traffic accident. This does not mean that some one is not liable for the death or that criminal charges can't be brought.
We have represented many bereaved families at inquests and will attempt to assist you in any way we can.
Crosse + Crosse Solicitors, 14 Southernhay West, Exeter, EX1 1PL Tel: +44 (0)1392 258451 - Fax: +44 (0)1392 278938 - DX: 8313 EXETER - Email: mail@crosse.co.uk