If you are thinking about starting legal action of any kind, you will probably have a lot of questions, for which you need answers. Below you will find a list of some of the most common questions we are asked together with some helpful responses. If you cannot find the information you require below, please telephone us 0800 93 93 92 for assistance or complete our online compensation claim form.
What is No win, ‘No fee’?
The no win, no fee system was started in 1999 to help personal injury victims get access to legal support without paying huge legal fees. If your case is successful, Claim Today Solicitors takes its fee from the insurer of the party at fault. If we are unsuccessful, you will not have to pay us a penny.
We assess each case individually at the outset and will let you know whether we can proceed with your claim or not.
CTS is regulated by the Solicitors Regulation Authority, so you know we work to the highest standards set by our industry. While many no win, no fee companies simply outsource your case to other solicitors; we are the solicitors who will be dealing with your claim.
How does Claim Today Solicitors get paid?
We get paid for successful cases by the other side’s insurance company. If we are unsuccessful, we do not get paid.
It goes without saying that we always strive for success, and try to get you as much compensation as possible.
When can I bring a claim?
You are entitled to compensation for accident injury if you can prove that someone else was at fault and that this caused your injury. It is necessary to apply the relevant law to the circumstances in which your injury occurred before deciding whether you can claim compensation. Often this is relatively straightforward, as with road traffic accidents. Sometimes it is more complicated, as in industrial illness and disease cases or in cases where you have been injured as a result of medical negligence. Whatever the cause of your injury, call Claim Today Solicitors if you have any doubts as to your entitlement to compensation. Sadly a large proportion of potentially entitled claimants never pursue their claims. The golden rule is that you should call Claim Today Solicitors as soon as possible to take legal advice and to start your claim. In our experience, the longer you delay taking this step the more difficult the claim is to investigate. You can obtain an initial opinion from one of our advisers completely free of charge.
What is the time limit for bringing a claim?
The Limitation Act 1980 imposes a 3-year time limit for commencing Court proceedings for a personal injury claim. This period runs from:
● the date on which the cause of action occurred, i.e the date of the accident,
● from the “date of knowledge” of the person injured
Special considerations apply to persons who die from their injuries within the 3-year period and to children. Only in exceptional circumstances can a personal injury claim be brought outside the statutory time limit.
Accidents, which occur abroad, on aeroplanes, at sea or on rivers are subject to different time limits, some as short as one year.
The most important thing is not to delay and call Claim Today Solicitors after you have been involved in an accident.
What if I was injured more than three years ago?
Although the basic rule is that you have only three years to bring a claim for compensation, this need not necessarily be fatal:
● there are exceptions to this rule, and
● the court does have a discretion to disapply the basic three year limitation period if you can show that it would be fair to do so
You should never abandon investigating a potential claim simply because you were injured more than three years ago. The court can allow for the fact that you may not have realised that the injury was significant, or that it was caused as a result of some blameworthy conduct by someone else, or that you were unaware of the identity of the individual responsible.
If you were injured when you were a child, the three year time limit does not begin to run until your 18th birthday. You should always call Claim Today Solicitors if you are in any doubt. Your initial enquiry should not incur you any expense and without such advice you could needlessly lose the opportunity of recovering compensation.
What do I have to do bring a claim?
If you have been injured in an accident and it was not your fault then call Claim Today Solicitors as soon as possible. We will take all the relevant details from you and arrange a visit to see you in the comfort of your home at a time that is most convenient for you.
Our Lawyers will make initial enquiries on your behalf. This will usually include: interviewing any witnesses, drafting a formal letter of claim to your opponent that summarises your allegations and the basis of your claim, and participating in the relevant pre action investigative protocol with your opponent. The purpose of this procedure is to ascertain the basic facts of your case and to evaluate the strength of the available evidence. We will then be able to review the merits of your claim and if the prospects of success are good, we will then obtain a medical report on your injury. Most accidental injury claims are settled by negotiation between our Lawyers and opponent’s insurers. Only a relatively small proportion of claims result in court proceedings. However, if it is not possible to negotiate a fair settlement, it is necessary to issue proceedings. This is done at your local County or High Court by completing a Claim Form that sets out the basic facts of your claim. Even so, the vast majority of all court cases are eventually settled, without the parties having to attend a court hearing.
Will i have to attend a court hearing?
The vast majority of claims settle without the need even for court proceedings. Of those claims that do result in proceedings, only a small percentage results in a court hearing. However, this is sometimes necessary and so it is necessary to prepare each claim diligently, as though it were destined to proceed to a trial. At Claim Today Solicitors we help you prepare a written statement that will usually form the basis of your evidence in court. You will be represented at court either by one of our Lawyers or by a barrister whom we will have instructed on your behalf.
What if I am partly to blame for the accident?
This should not prevent you obtaining compensation. If the court concludes that you were partly at fault it will then decide to what extent it would be fair and equitable to reduce your entitlement to compensation so as to reflect your share of responsibility for what happened.
What will it cost me?
Pursuing a claim for compensation need not be expensive or risky. If at your free initial consultation we consider that your claim has reasonable prospects of success, we will then consider the most appropriate method of funding your case. Assuming that you are not entitled to public funding and don’t have any other financial support in place, such as legal expenses insurance, you will probably be advised to consider a conditional fee agreement. This is also known as a “no win no fee” agreement. Under such an agreement no fee is payable if your claim fails. We will only get paid if your claim succeeds.
How will be kept informed about the progress of my case?
We will respond to letters and telephone calls promptly and will keep you regularly informed of developments in your case.