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We have significant experience in advising in all types of Personal Injury claims including Road Traffic accidents and accidents at work.
If you have sustained an injury which you think may have been the fault of someone else we will be happy to advise on whether or not we feel that your potential claim will succeed.
To be ultimately successful with a potential Personal Injury claim you must show:-
i) A “Breach of Duty” – this in effect means that someone else (eg your employee or a driver) has failed in their duty to take reasonable care for your safety.
ii) “Causation” – that the injuries you have suffered are as a direct result of the failure of that person/company to take reasonable care for your safety.
Naturally we are able to advise you with all steps of the claim process. All Personal Injury claims are subject to strict time limits and if these limits are not complied with then you may well find that you cannot make a claim at all. Our advice is that you seek legal advice at the earliest opportunity in order to ensure that your claim is protected.
What are these time limits?
The time limit for making a claim is 3 years. This is to say that within 3 years of the date of your accident you must have commenced legal proceedings. By “commenced” this means that the formal papers have been lodged with the Court explaining your claim and a summary of the compensation you are seeking. If you do not comply with the 3-year rule then it is unlikely that your claim will be successful as the Court is likely to deem it as “time barred”.
There are exceptions to the above rule:
i) Accidents involving children have until the child’s 21st birthday for issuing the claim.
ii) If the person wishing to bring a claim is unable to conduct his or her affairs due to mental impairment, the time limit does not apply.
Funding a claim for compensation
Using a Conditional Fee Agreement (“CFA”) (also known as a “No Win, No Fee” Agreement)
Before deciding whether to make a claim for a Personal Injury it is very important to carefully consider how the legal fees which will be incurred are to be funded. Having been successful with a claim you do not want to find out that a significant portion of your compensation is used up in your legal costs. One of the most popular ways of financing legal fees is via a Conditional Fee Agreement which we would be more than happy to discuss with you in relation to your own case. We are also able to arrange insurance on your behalf which will cover our expenses and any legal costs which may be payable to the other side should unfortunately your claim not be successful. In summary by using a Conditional Fee Agreement together with an insurance policy we can ensure that if your claim is unsuccessful you do not pay anything.
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