personal law

Personal Injury FAQ 

If you have suffered an injury through no fault of your own you may be entitled to receive damages or compensation. Whether you have a severe injury resulting in changes to your lifestyle or even a minor injury such as whiplash, you should consult a solicitor to establish if you are able to make a claim for damages.

1. Do I have a claim?
2. How much will it cost me?
3. What is a 'no win no fee' agreement?
4. How do I pay?
5. Insuring un-recovered expenses
6. How much will I receive?
7. How long will it take?

Do I have a claim?
If you have suffered any kind of injury, severe or minor, whether the injury occurred at work, in a public place or as the result of a road accident then you may have a claim. The first point of call should be a solicitor who will discuss your case to determine whether or not you have a claim worth pursuing.

To pursue a claim there must be a reasonable chance of winning. Usually a reasonable chance would mean you have a 50% chance or greater of winning. Upon consultation, a solicitor would discuss with you your chances of winning the claim.

At Ashton Graham there are no conditions for the size of a claim and our experts will happily answer any questions you may have to ensure you are fully informed before going ahead with any claim.

How much will it cost me?
If your claim is successful all your costs will be paid by your opponent's insurance and will not be deducted from any compensation you receive. If you lose your insurance will cover all your costs. (See Insuring Un-recovered Expenses.) Whether you win or lose your claim you will not have lost any money.

What is a 'no win no fee' agreement?
A 'no win - no fee' agreement is a Conditional Fee Agreement (CFA). Under this type of agreement, the money you pay us depends on whether you win or lose your case. If you lose: You pay your opponent's legal costs and disbursements your disbursements However all these costs should be insured and therefore paid by your insurance company (see Insuring Un-recovered Expenses) If you win: You pay our basic costs and disbursements a success fee to us You receive from your opponent compensation money to pay for our basic costs, VAT, disbursements and our success fee A 'no win - no fee' agreement means exactly that. Even if you are not successful in your claim you will not lose any money. "basic costs" refers to our normal charges worked out on a hourly rate basis. "success fee" is a percentage (up to a maximum 100%) of our basic costs added to your bill. "disbursements" are our expenses, which may include court fees, expert's fees, accident report fees, travelling expenses and, in some cases, barrister's fees. "CFA" is a Conditional Fee Agreement, which follows the Law Society model agreement.

How do I pay?
Before you enter into a CFA with us, we will discuss: other ways to pay for legal help how likely you are to win. how much you would have to pay if you did not have a CFA what would happen about payment of the legal costs if you won or lost your case. This helps you to decide how to pay for your case.

Insuring un-recovered expenses
If you win your expenses are paid by you opponent's insurance company in addition to any compensation you receive, but what happens if you lose? You can insure for the event that your claim is unsuccessful through "ACLP" (Allianz Cornhill Legal Protection Ltd) You are able to cover up to £100,000 in respect of your opponent's legal costs and for disbursements you cannot recover (excluding barrister's fees). The premium for the insurance will depend on your claim and is paid at the end of the claim, not initially as other insurance premiums. This premium is only payable if your claim is successful and will then also be reimbursed from the opponent's insurance company. So whether you win or lose your claim you will not have lost any money.

How much will I receive?
This is entirely dependant on your claim and injury. We would be able to advise you of an estimate of the damages or compensation you may win at the initial interview before you decide whether to take the claim further. However depending on the severity of your injury we might not be able to advise you of possible damages until the final medical assessment is completed.

How long will it take?
Again this is dependant on your injury and the medical assessment on the long term effects. The minimum time a claim might take is 6 months. If the injury is severe then it may take up to 3 or even 4 years.

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