Some straightforward cases are settled within about 6 to 9 months but other cases will take longer.  Once your case has been settled, you cannot go back for more compensation (except in some very specific and rare cases) so it is important to wait until it is clear how well you are going to recover from your injuries.  This means that some clients can wait several years for their cases to be concluded but these cases are the exception and most cases are settled or concluded at trial within about 18 months.

We will give you an estimate of the length of time your case is likely to take depending on the seriousness of your injuries and whether liability for the accident is likely to be disputed in which case Court proceedings may be necessary.  However, this estimate can change as the case proceeds.

Not usually if you are on a “no win, no fee” arrangement, provided you do what we ask you to do, e.g. go to medical appointments and turn up at Court when we ask you to.

You will appreciate that we can only get paid when the case is concluded successfully so if clients don’t help us to achieve success, we are allowed to bill them for the time we have spent on their case.  

(See the No win, no fee section for details on how most cases are funded.)

While we will issue proceedings in many cases in order to prove liability or to put pressure on your opponent to negotiate, very few cases ever reach a trial. Of the hundreds of cases we conduct every year, only 3 or 4 will end up at trial although many will be given a trial date by the court. (In “no win, no fee” cases, the defendant’s insurers have to pay a 100% success fee – ie double our normal fees – if we win or settle once the trial has started.  As success fees are generally much lower if the case settles earlier, the insurers have a huge incentive to settle before trial).

Sometimes, however, if the other side just won’t agree a reasonable figure for your compensation, it is better for you to go to trial so that you can tell the judge what happened and what effect the accident has had on your life.  The judge will then decide how much compensation you should receive.

You won’t have to pay our legal fees if you lose and the insurance policy we take out for you will protect you against having to pay your opponent’s costs.

As a claimant, you have a duty to keep your losses to a minimum by doing everything you can to get back to work as soon as you are able to do so. While people who cannot return to work will generally get more compensation, it is only because their injuries are more severe or they have the sort of injuries that mean they can’t go back to their normal job.  If you can get back to work, even if only on light duties, you should do so.  Apart from anything else, you will at least then be earning money again – there are many people who aren’t entitled to company sick pay and Statutory Sick Pay is not exactly enough to live on.

Almost certainly.  There are a few minor injury cases (such as lacerations or bruising) in which we can agree a settlement figure just using your hospital notes and photographs of the injury but these are rare.  It is much better to get proper expert medical advice about your injuries and your likely recovery and suggestions for treatment.  The medical report often enables us to get payment from your oponent for MRI and other scans or rehabilitation such as physiotherapy, or psychological therapy for anxiety, depression or post traumatic stress, etc…

In the vast majority of cases, you must issue proceedings by the 3rd anniversary of the accident. If you don’t, you won’t be able to pursue your claim unless you get permission from the Court (which is only granted in exceptional circumstances).

If you were under 18 at the time of the accident, you must issue proceedings no later than your 21st birthday.

In some cases, the time limit is 3 years from the date you found out that you may have a claim – e.g. claims arising from exposure to asbestos will usually fall into this category as it can take decades for the illness to develop. Other industrial diseases such as Vibration White Finger or Deafness often fall into this category.

If you aren’t sure whether you may be past the time limit, give us as much information as you can and we will advise whether there is still time to claim or whether the Court might allow you to proceed out of time – whatever you do, don’t delay; talk to us urgently.

These time limits are long stops – you really shouldn’t leave it that late as there is a lot to do before your case is ready enough for us to issue proceedings and, if liability is denied, we will need to find witnesses to back up your version of events.  The later we set about talking to witnesses, the harder it is for them to remember what happened.  The longer you leave it, the harder it will be to prove your case and the greater the risk of losing – that means that we might be less willing to act on a no win, no fee basis if you come to us at a late stage.  In order to give yourself the best chance of winning, you should talk to us as soon as you can after the accident.

If you are getting close to the cut off time, don’t delay any longer – talk to us and we will do our best to help.