Personal Injury Solicitors Plymouth Frequently Asked Questions
Solicitors based in Crownhill Plymouth
Do you take cases on a no win no fee basis? Does this mean I do not have to pay anything at all?
Yes we do. Stephen Hall the Personal Injury Solicitor at Evans Havey will consider your case to asses your chances of success and decide whether or not we can take your case on a conditional fee agreement (no win no fee).
This means that if you do not win your case, in most circumstances you do not have to pay the firms fees. You will only be liable for your fees if you win your case, plus a success fee on top, to compensate us for the risk that we might not get paid at all. If you win, most of your legal fees will be recovered from the other side as part of the settlement of your case.
We will give detailed advice about funding before you sign any contract with us to ensure that you fully understand and are happy with the terms of our agreement.
Why instruct a solicitor direct?
It is important to know that claims management companies do not pursue your claim for you. They are not allowed to and are not qualified to deal with Court Proceedings and as such cannot represent you if your case progresses to Court. As soon as you instruct a claims management company, they will normally have to pass your claim to a firm of solicitors at some point. Claims management companies are therefore little more than a middle man. We advise you to cut out the middle man and deal directly with solicitors who will fight your case.
Is there a time limit for personal injury compensation after an accident?
Yes, there is a time limit of three years. You must begin court proceedings within three years of sustaining your injury, or, if you weren’t aware you had an injury, three years of the date you first became aware of the injury. After three years, the case becomes ‘time-barred’ or ‘statute barred’. There are exceptions if the personal injury happened to a child, or someone incapable of managing their own affairs.
How long will my personal injury claim take?
We aim to complete all claims within a reasonable time period. The average claim can take between 6 and 12 months to complete. A claim may take longer, as there can be disputes with the defendants regarding liability or the settlement of the claim. We always aim to keep you updated about the progress of your claim and the likely time frame to settlement.
How do you value my claim?
A personal injury claim is split into two parts. The first part of your claim is the injury claim. This will be valued by using a medical report, which will be prepared by a medical expert who will provide an opinion and prognosis for your injury, i.e. what injuries you have suffered and how long you will suffer from them. The second part of your claim will centre around any expenses you have incurred as a result of your injury and this can include loss of earnings, travel expenses, care and assistance and prescription charges.
Can I be compensated for losses other than personal injury?
Yes. There are different ‘heads of claim’ or ‘heads of loss’ that you can claim for personal injury. This can include things like medical expenses, loss of earning potential, travelling expenses, care and assistance and future treatment costs.
My relative or loved-one had a fatal accident. Can I claim on behalf of someone who has died?
Yes, if their accident or death was the result of someone else’s negligence. The family of the deceased can receive the compensation. There are a number of Acts under which you can make a claim for the person’s death. These are:
- the Law Reform (Miscellaneous Provisions) Act 1934
- the Fatal Accidents Act 1976
- the Human Rights Act 1998
Due to the nature of these incidents, if you require any further information involving a fatal incident please contact a member of our specialist road traffic accident team who will be happy to discuss further.
Under these acts, various people can make a claim. They may be:
- executors of the will
- administrators (if there is no will)
- beneficiaries of the estate
- people entitled to a bereavement award
- eligible dependents such as spouses and civil partners (including ex-spouses and partners), children (or any minors treated as children by the deceased, by way of marriage or civil partnership), parents, siblings, aunts or uncles
- anyone living in the same household as the deceased as their spouse or partner for the 2 years preceding their death
Why do I need to go to see a medical expert? Do I need a medical examination?
It is important to see a medical expert as they will examine you and prepare a report outlining what your injuries are and how long it will take you to recover. This report will then be used to value your claim.
Will I have to go to Court?
It is rare that a claim will proceed to a final hearing before the Court which you would have to attend. However in limited circumstances this cannot be avoided and there would be the need.