Personal Injury Cases FAQ

"I now have a sense of justice and closure"

We know how confusing and intimidating the idea of claiming compensation for a personal injury can be, so have put together answers to some of the questions we are most commonly asked by prospective clients.

Have a question we haven’t answered or ready to start a personal injury claim? Please call us now on 01252 316316 and ask for Daljit Gill.

Will I win?

This is perhaps the first and most commonly asked question.  Whilst it is rarely possible to give a definitive and immediate yes or no, we will always give you advice on the chances of your claim succeeding and will, wherever possible, seek to put that into percentage terms for you. 

  1. Generally, however, if you have been involved in an accident that was somebody else’s fault;
  2. Resulted in an injury; and
  3. Occurred within the last 3 years (or if the potential Claimant is under 18, 3 years from their 18th birthday).

Then we will be able to help you recover compensation.

Is there a time limit for claiming personal injury compensation?

Yes, there are strict time limits for claiming personal injury compensation. In most cases, you will have three years from the date of the accident to make a claim, however, there are exceptions to this time limit that might apply.

If you only became aware later that you had been injured, the three-year time limit may be counted from this point instead (referred to as the ‘date of knowledge’).

If the injured party was under 18 when the injury occurred, the 3 year limitation period does not start until the child’s 18th birthday. In the event of a fatal accident, the representative of the victim’s estate will have three years from the date of death to bring a claim.

If the victim has been left without the mental capacity to make a claim by themselves, there will normally be no time limit or 3 years from the time they regain their mental capacity.

How long will it take to receive personal injury compensation?

This depends on a number of different factors. These include whether liability is admitted or denied, what further investigations are required and the nature and extent of your injuries.  We will of course explain each stage to you keep you updated throughout the process and

How much compensation will I get for my personal injury?

This depends on not only the nature and extent of the injury, but what financial losses the accident has caused you to incur, and which you can expect to incur in the future.

You can generally claim two types of damages for a personal injury:

General Damages – This mainly concerned about the amount of compensation claimed for the actual pain, suffering and loss of amenity. 

Special damages – For specific past and future financial losses you have incurred as a result of the accident (e.g. the cost of treatment, buying special equipment, lost income).

We will aim to provide a realistic estimate of your claim’s likely value at the earliest opportunity, so you have a clearer picture of what level of compensation you may be entitled to.

Do you offer no win, no fee personal injury claims?

It is possible that you may have legal expense insurance as part of a motor or household insurance policy. If so, this may meet legal fees for you.

If you don’t have legal expense insurance, then your claim can be funded under a Conditional Fee Agreement (also known as a ‘No Win No Fee’ Agreement). On this basis, if your claim is unsuccessful, we will agree to waive our fees. 

We will also consider obtaining specialist legal expense insurance for you to ensure that you do not have to meet the Defendant’s costs if your claim is unsuccessful.

Will I need go to court to get personal injury compensation?

While there are no guarantees, we have a very strong track record of securing compensation through out-of-court settlements.  The vast majority of claims settle before court proceedings need to be issued meaning it is unlikely that you will need to attend a court hearing as part of the claims process.

However, if court proceedings are required, please be assured that we have the experience and skills to provide you with the very best advice and representation through every stage of the court process.

Can I claim personal injury compensation for someone else?

If the injured party was under 18 or does not have the mental capacity to pursue their own claim (e.g. due to a serious brain injury), then you may be able to pursue compensation on their behalf.

To pursue a claim for a child or someone without mental capacity, you will act as their Litigation Friend. This gives you the legal authority to make decisions on the claimant’s behalf with regard to their claim. A parent, guardian, family member or friend can all act as a Litigation Friend.  Being a Litigation Friend means you have to direct the progress of the claim in the best interests of your loved one.

Will personal injury compensation affect my benefits entitlement?

Personal injury compensation can be considered as part of your assets for means-tested benefits, so it is important to consider this as part of the claim process.

Where appropriate, we can advise you on the creation of a personal injury trust to hold any compensation we win for you. This can allow you to benefit from your compensation while ensuring your settlement does not affect your ability to receive any benefits you normally rely on.

Why should I use Wheelers Solicitors for my personal injury claims?

Perhaps the most critical decision you need to make when thinking about pursuing personal injury compensation is over which law firm to work with. The right personal injury lawyers can help your claim move forward faster, save you a lot of unnecessary stress and hassle and ensure you get the best possible settlement for your claim.

Our personal injury team have over 25 years of experience and have secured millions of pounds in compensation for thousands of clients during that time. We offer a friendly, efficient and compassionate service for everything from straightforward, low-value claims to those than are much more complex and high-value. This gives us the exceptional skills and knowledge you need to handle your claim effectively.

We also offer more than just simple legal support. Our team know how emotionally challenging living with an injury can be, as well as the various practical difficulties injury victims often face. We can therefore ensure you have all of the emotional and practical support you need to make your life easier and give you the best chance of making a positive recovery and being able to move on with your life.

How do I start a personal injury claim?

To start a personal injury claim, you should contact us as soon as possible so we can begin gathering the evidence to support your claim immediately.  We would urge you to keep all relevant documentation, photographs and information that you have available to you, even if it is as small as a receipt for the purchase of painkillers.

To find out more about starting a personal injury claim, call us now on 01252 316316 and ask for Daljit Gill.