FAQs
Please find below a list of general and specific questions related to claims.
If you cannot find the answer you are looking for, please feel free to contact us.
Following an accident, the chances of a full recovery may be slim and some form of long term injury may remain which affects a persons quality of life. Unhappily state provision is often poor and equipment required to improve the quality of life for someone injured is usually specialised and therefore expensive. Care and specialist accommodation are often required and so funding is needed. One way is by securing money in the form of compensation.
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Do I have a claim?
The simple answer is if your accident or injury was caused totally, or in part, by the fault of another person, you have a claim. That other person may be a driver, your employer, your landlord or a professional such as a doctor or therapist. Sometimes you do not have to establish fault.
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When should I claim?
Generally, adults have three years from the date of the accident in which to bring a claim for compensation. The rules relating to children are different because the three year limitation period does not start until their eighteenth birthday. Normally the rules are strictly enforced by the Courts but there may be circumstances in which it is possible for a person to bring an action for an injury sustained more than three years ago or if in childhood, after their twenty-first birthday. We will advise you whether this is possible, according to the details of your individual case. It is important however to contact us as soon as possible after the accident, so that witnesses can be contacted and if needs be, evidence preserved.
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Can my child pursue a compensation claim?
People under the age of eighteen are not entitled to bring a claim in their own right as they lack "legal capacity" so an adult is appointed to act on behalf of the child. The adult is usually a relative but may be any adult willing to act, and is known throughout the proceedings as the "Litigation Friend". The function of the Litigation Friend is to make decisions on behalf of the child and generally protect the interests of the child throughout the litigation process.
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How will my claim progress?
Provided we think you have a reasonable claim, we will investigate liability for your accident. When liability has been resolved, we will investigate the value of your claim. We do this by obtaining reports about you from experts in a variety of fields, such as medical, care, transport and employment. The experts are independent and their reports are addressed to the court.
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How long will it take to settle my claim?
This often depends on you and your recovery. Whenever possible, we conclude compensation claims quickly, but sometimes particularly in relation to serious accidents it is crucial to wait until the end of the recovery period.
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How do I pay for legal advice?
Our initial advice is free and is often given at your home or at hospital if you prefer. If you have a reasonable claim, we will offer you a "No win/no fee" agreement. We will explain carefully what this means. We also investigate other avenues of funding, such as legal expenses insurance. This is sometimes available through your house insurance, your car insurance or credit cards.
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How much money will I receive?
The amount of money you receive generally depends upon the nature of your injuries and their consequence. The more serious and long-lasting they are the more you will receive. You will be awarded "General" damages for your pain and suffering and the injury itself. The levels of these awards are set out in recognised guidelines, used by solicitors and the courts. We will advise you about similar cases for your type of injury. You will also be awarded damages for past and future medical expenses, loss of earnings, care, transport, rehabilitation, counselling, physiotherapy and other expenses, related to your injury. We will advise you how to claim these.
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Do I have to attend at your office?
If it is difficult for you to travel, we will visit you in hospital, your home or place of work, if you wish. We also keep in contact by telephone, post or e-mail.
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Can I claim welfare benefits following an injury?
Welfare benefits are available for people who have been injured. Everybody’s circumstances are different and your eligibility to claim welfare benefits can depend on the nature of your injury, the length of time you have been left impaired and your own personal and financial circumstances. At PotterRees we have a specialist welfare benefit advisor who can provide more information in this complex field.
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