Do I have a claim?

If you have been injured in an accident in the last 3 years, you may be able to claim financial compensation. 

To find out if you have a claim, please contact us on Freephone 0800 614370 or alternatively, you can fill in our Call Me Back form to the right of this page.

Is there a time limit in bringing a claim?

Time is of the essence when dealing with injury claims.

Usually, there is a time limit following an accident / injury to bring a claim, so prompt action is advisable. It is always important to gather evidence, especially from witnesses, as soon as possible.

How much will I have to pay?

At our first interview with you, we’ll discuss the best method of funding your case.

Nelsons are able to obtain Legal Aid in certain cases. We will advise you whether or not Legal Aid is available for your particular case.

We also offer ‘no-win, no-fee’ arrangements in many cases where if we don’t win your case, we won’t be paid and if we do win, we’ll be paid a success fee by the responsible party.

You may already have cover for legal costs under your household, motor or other forms of insurance.

We’ll explore all of these options with you.

What is No Win, No Fee?

One of the principles of English law is that the loser in a Court case pays the costs of the winner in addition to their own. In no-win, no-fee cases, the Solicitor agrees not to charge a fee unless the action is successful. This means that if you instruct a firm of Solicitors on a no-win, no-fee basis, your risk as to costs is limited to the other side's costs plus any 'disbursements' (such as the cost of expert witness reports) incurred by your Solicitors and the Court costs. You can, however, buy insurance to cover these costs and it is generally recommended that you do so.

Running a legal action on a no-win, no-fee basis with costs insurance means the Solicitor is taking the largest financial risk. Since a Court case will only take place if both parties to the dispute think they have a good chance of winning, the Solicitor will normally charge a 'success fee', which is an extra fee designed to compensate them for the risk that you may lose and they do not get paid. The success fee varies depending on how risky the case is thought to be. Provided the success fee is reasonable, the Court will normally make the loser pay it as part of the winner’s costs.

The two forms of legal insurance you can buy to cover court costs are called 'after the event' (ATE) and 'before the event' (BTE). ATE insurance is bought when you are in dispute and need to cover your costs and the other side's legal bill should you lose. BTE insurance is commonly sold with house or motor insurance policies to cover your costs in the event of your being sued.

One of the first steps we will take in advising you on funding is to check whether you have 'Before the Event' insurance cover in place already.

Will I have to give evidence in Court?

The vast majority of cases are settled without any Court proceedings taking place. Sometimes, it is necessary for Court Proceedings – for example, where the other party says that the accident was your fault or where we cannot agree the proper level of compensation you should recover from the other party’s insurers. Having said this, even in these circumstances, the large majority of cases are settled without the case going to a Court hearing.

How much compensation will I get?

This will vary depending on the injury. The compensation we claim for you will reflect the pain and suffering you’ve been through and the impact that the injury has had on your life. We will also claim for future losses, for example, if you’re unable to return to work or need nursing care or help in your home.

We will also seek compensation for any direct financial losses you have suffered such as lost earnings or medical expenses.

There are national guidelines for compensation amounts and you can see examples of these here.

How long will it take?

This will vary depending on the nature of the injury, type of claim and attitude of the opponent. However, we will try and progress the case as quickly as possible.

Claims for severe injuries can take some time to reach a settlement, especially as the full extent of the injuries may not appear immediately after the accident. It is essential that we ensure that any long term effects of your injuries are fully addressed so that you are properly compensated.