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What is a personal injury?
A personal injury is an injury suffered to oneself as a result of an accident. It can happen at work, in a road accident, because of a faulty product, because of a mistake during medical treatment or because you tripped on a paving stone or slipped on a wet floor in a shop. It can also include an illness or condition caused by your working environment, such as contact with asbestos. An injury may be psychological as well as physical, so you may be able to get compensation for distress or upset after an accident as well as for the physical injury. You should get legal advice before you contact the person or organisation you think caused the injury or before replying to any letters or offers to settle your claim.
How do I know if I have a claim?
You are legally entitled to claim compensation for an injury if a person or organisation is at least partly to blame for you suffering that injury. Even if the other driver was uninsured or untraced you can still claim compensation from the Motor Insurers Bureau (MIB).
What is the time limit for making a claim?
The time limit for bringing a personal injury claim in the courts is 3 years from the date of the incident(s) which caused the injury. If the claimant was under 18 at the time of the accident, the 3 year limitation period does not start running until she reached the age of 18. If at the time of the injury the claimant did not know of the injury or did not know that the injury was a significant one, then the 3 year limitation period does not start running until she reached the age of 18, or acquired this knowledge, provided that the reason she is was unaware of this injury was not due to her unreasonable failure to seek medical advice.
Can I claim if I don't know who caused the accident?
With some claims, such as criminal injury compensation claims and claims against untraced drivers (‘hit and run'), you won't know who caused the accident. In these instances you may still be entitled to make a claim however as we will not be in a position to recover our legal costs from the fault party you will be liable for our costs if you chose us to represent you. We will endeavour to keep these costs as low as possible and will explain these to you before we start work on your case.
What will it cost me to claim?
Absolutely nothing. Our solicitors operate on a ‘no win no fee’ arrangement which means that you are not charged a penny. If the claim is successful they receive their fee from the faulty party. They accept the risk that the case may not be successful and will not charge you their fees if this is the case.
What is a ‘no win no fee’ arrangement?
A 'no win, no fee' agreement means your solicitor will only be paid if the claim is successful. He or she will also be entitled to an extra fee (known as a success fee). Both the basic fee and this extra fee are normally paid in whole or part by the losing party. There are other incurred costs (such as court fees or the fee for a medical report). These are normally known as disbursements. Again, the losing party should pay all or part of these costs.
Ordinarily, if you lose you will usually have to pay your opponent's costs. Our solicitors routinely arrange insurance to cover these costs to ensure you don't face a huge bill if you do lose your case. This is called ‘after-the-event insurance'. If you already have insurance, for example as part of your car or household insurance, you may be able to use this to fund your case. If not your solicitor will take out insurance for you so that in the event you lose the case any costs that the losing party claim will be paid for by the insurewr and not by yourself.
What is a conditional fee arrangement?
In the case of most medical or criminal cases (including untraced/uninsured drivers) you will not have the option of the "100% compensation" guarantee you get with other claim types. This is because the compensation is paid by public and government funded organisations who do not pay your legal fees should your claim be successful. In such cases the solicitor will draw up a conditional fee arrangement which details just how much you will have to pay the solicitor should they win your case. Such agreements are normally a percentage of your compensation ranging from 10% to 30% depending on the level of compensation the solicitor expects to obtain for you.
How long does a case normally take to reach a settlement?
This is very much dependant on the details of the case. Two factors can slow down the progress of a personal injury claim: 1. Attributing Blame and 2. Quantum (the amount your solicitor thinks you should receive). If your opponent accepts that they are at fault for your injuries and they agree that the amount you are requesting is fair then the claim could be settled out of court within a matter of months. If your opponent does not accept that they are to blame, or if they think the amount of compensation you are claiming for is unwarranted then further delays may be incurred by the case going to court and your solicitor giving evidence so that a judgement can be made. In the majority of cases this is not necessary and the case is concluded within a matter of months.
Are there any cancellation fees?
If your lawyer advises you that you are unlikely to win your claim, you can withdraw without paying anything. Iif you decide not to make your claim for another reason, or if you do not co-operate with the claim you may be liable to pay for the work done on your claim.
So How does Advanced Medicals get paid?
Our solicitors pay us a referral fee for introducing us to them regardless of the outcome of the case. Our solicitors will take on your case on a ‘no win no fee basis’ which means they only get paid if the claim is successful. You do not have to pay Advanced Medicals a thing.
Will I need to see my solicitor or go to court?
Our solicitors handle the majority of our cases by phone,
email, or writing and you will usually not be required to actually see
them. If necessary, the solicitor can arrange to see you in your home
or hospital.
Most personal injury cases are fairly straight forwards and are settled
without having to go to court. If after we process your claim, the fault
party agrees on an amount of compensation, you likely will not have to
go to court. Your solicitor will discuss this with you in more detail.
Will I need a medical report?
Our solicitors will routinely arrange a doctor to see you to produce a medical report detailing any injuries you may have suffered. This report will help in deciding the amount of compensation you are entitiled to. You will not be charged for the cost of this report. The doctor may also advise on treatment you should have e. g. physiotherapy to help you get better. The costs of this will be paid for by the insurer and will be claimed back from the at fault party.
When will I get my compensation?
Your compensation will usually be paid by cheque to you when the claim
is settled. Occasionally you may get an interim payment to help meet any
of your ongoing needs before this happens. It is hard to indicate a precise
time scaale but usually this takes a number of months.
How much am I entitled to?
The total amount awarded to you as a result of a successful personal injury claim is based on many factors including the nature and severity of the injury and any subsequent losses that you incur which can be proved. Your solicitor will look at these amounts and make a judgement based on how severe your injuries are. We will ensure that you receive the maximum amount of compensation you are entitled to. Until we have details of your accident it is difficult for us to determine how much this will be. However the table below shows the approximate amounts that are commonly awarded with the symptoms described. The average award for whiplash injuries is around two and a half thousand pounds in the United Kingdom. However, the cost of medical care and loss of earnings would increase this amount.
Injury Type |
Min | Max |
Injuries involving Paralysis |
||
| Quadriplegia | £175,000 | £220,000 |
| Paraplegia | £120,000 | £155,000 |
Brain Damage / Head Injuries |
||
| Very Severe Brain Damage | £155,000 | £220,000 |
| Moderately Severe Brain Damage | £120,000 | £155,000 |
| Moderate Brain Damage | £23,500 | £120,000 |
| Minor Brain Damage | £8,500 | £23,500 |
| Minor Head Injury | £1,250 | £7,000 |
Epilepsy |
||
| Established Grand Mal | £55,000 | £82,000 |
| Established Petit Mal | £30,000 | £71,500 |
| Other Epileptic Conditions | £5,750 | £14,250 |
Psychiatric Damage |
||
| Severe Psychiatric Damage | £30,000 | £63,000 |
| Moderately Severe Psychiatric Damage | £10,500 | £30,000 |
| Moderate Psychiatric Damage | £3,250 | £10,500 |
| Minor Psychiatric Damage | £800 | £3,250 |
Post-Traumatic Stress Disorder |
||
| Severe Post-Traumatic Stress Disorder | £34,000 | £55,000 |
| Moderately Severe Post-Traumatic Stress Disorder | £12,500 | £31,750 |
| Moderate Post-Traumatic Stress Disorder | £4,500 | £12,500 |
| Minor Post-Traumatic Stress Disorder | £2,150 | £4,500 |
Chronic Pain / Chronic Pain
Syndrome |
||
| Severe | £23,000 | £35,000 |
| Moderate | £6,000 | £18,000 |
| Fibromyalgia | £19,000 | £35,000 |
| Chronic Fatigue Syndrome(in the region of) | £27,500 | |
Reflex
Sympathetic Dystrophy |
||
(also called complex regional
pain syndrome) |
||
| Severe | £28,000 | £55,000 |
| Moderate | £14,000 | £21,000 |
| Somatoform Disorder(in the region of) | £25,000 | |
Injuries Affecting the Senses |
||
Injuries Affecting Sight |
||
| Total blindness and deafness (in the region of) | £220,000 | |
| Total blindness (in the region of) | £147,500 | |
| Loss of sight in one eye with reduced vision in the remaining eye | £35,000 | £98,000 |
| Total loss of one eye | £30,000 | £36,000 |
| Complete loss of sight in one eye | £30,000 | £27,000 |
| Serious but incomplete loss of vision in one eye | £13,000 | £21,000 |
| Minor but permanent impairment of vision in one eye | £6,750 | £11,500 |
| Minor Eye Injuries | £2,150 | £4,750 |
| Transient Eye Injuries | £1,250 | £2,150 |
Deafness |
||
| Total Deafness and Loss of Speech | £60,000 | £77,000 |
| Total Deafness | £50,000 | £60,000 |
| Total Loss of Hearing in one Ear | £17,500 | £25,000 |
| Partial Hearing Loss/Tinnitus | ||
| Severe | £16,000 | £25,000 |
| Moderate | £8,000 | £16,000 |
| Mild with some hearing loss | £6,750 | £8,000 |
| Slight of occasional tinnitus with slight hearing loss | £4,000 | £6,750 |
Impairment of Taste and
Smell |
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| Total loss of taste and smell (in the region of) | £21,500 | |
| Total loss of smell and significant loss of taste | £18,000 | £21,500 |
| Loss of smell | £13,500 | £18,000 |
| Loss of taste | £10,500 | £13,500 |
Injuries to Internal Organs |
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| Chest Injuries | £1,250 | £82,000 |
| Lung Disease | £1,250 | £72,500 |
| Asbestos-Related Disease | £5,000 | £70,000 |
| Asthma | £2,750 | £36,000 |
| Damage Resulting from Traumatic Injury | £3,500 | £34,000 |
| Illness/Damage Resulting from Non-traumatic Injury e.g. Food Poisoning | £500 | £32,000 |
| Kidney | £17,000 | £115,000 |
| Bowels | £6,750 | £82,000 |
| Bladder | £13,000 | £77,000 |
| Spleen | £2,250 | £14,500 |
| Hernia | £1,850 | £13,250 |
Reproductive System: Male |
||
| Impotence | £3,500 | £80,000 |
Reproductive System: Female |
||
| Infertility | £3,500 | £93,000 |
Neck Injuries |
||
| Severe | £12,500 | £82,000 |
| Moderate | £4,250 | £13,750 |
| Minor | £750 | £4,250 |
Back Injuries |
||
| Severe | £21,500 | £93,000 |
| Moderate | £6,750 | £21,500 |
| Minor (Up to) | £7,500 | |
Shoulder Injuries |
||
| Severe | £10,500 | £26,500 |
| Serious | £6,750 | £10,500 |
| Moderate | £4,250 | £7,000 |
| Minor (Up to) | £4,500 | |
| Fracture of Clavicle | £2,750 | £6,500 |
Injuries to the Pelvis and
Hips |
||
| Severe | £21,500 | £71,500 |
| Moderate | £14,750 | £21,500 |
| Injuries of Limited Severity | £6,750 | £14,750 |
| Lesser Injuries (Up to) | £7,000 | |
Amputation of Arms |
||
| Both Arms | £132,500 | £165,000 |
| One Arm | £52,500 | £75,000 |
| Other Arm Injuries | £3,500 | £71,500 |
| Injuries to the Elbow (Up to) | £30,000 | |
| Wrist Injuries (Up to) | £33,000 | |
Hand Injuries |
||
| From loss of both hands to amputation of finger/fingers | £34,000 | £110,000 |
| Serious Hand Injuries | £8,000 | £34,000 |
| Moderate | £3,500 | £7,250 |
| Minor | £500 | £2,250 |
| Injuries to finger/s (Up to) | £13,500 | |
| Injuries to Thumb (Up to) | £30,000 | |
Vibration White Finger and/or
Hand-Arm Vibration Syndrome |
||
| Serious | £9,250 | £21,000 |
| Moderate | £4,750 | £9,250 |
| Minor | £1,500 | £4,750 |
| Work Related Upper Limb Disorders | £1,250 | £12,500 |
Leg Injuries |
||
| Amputations | £50,000 | £155,000 |
| Severe Leg Injuries | £15,250 | £74,000 |
| Less Serious Leg Injuries (Up to) | £15,250 | |
Knee Injuries |
||
| Severe | £14,750 | £52,500 |
| Moderate (Up to) | £14,750 | |
Ankle Injuries |
||
| Severe | £17,500 | £38,000 |
| Moderate (Up to) | £14,750 | |
Foot Injuries |
||
| Amputation of both feet | £93,000 | £110,000 |
| Amputation of one foot | £46,000 | £60,000 |
| Severe Injury | £13,750 | £60,000 |
| Moderate | £7,500 | £13,750 |
| Modest (Up to) | £7,500 | |
Toe Injuries |
||
| Amputation of all Toes | £20,000 | £31,000 |
| Amputation of the Great Toe (In the region of) | £17,500 | |
| Severe Toe Injuries | £5,250 | £10,500 |
| Moderate (Up to) | £5,250 | |
Facial Injuries |
||
| Le Fort Fractures of Frontal Facial Bones | £13,500 | £20,000 |
| Multiple Fractures of Facial Bones | £8,000 | £13,250 |
| Fractures of Nose or Nasal Complex | £1,000 | £12,750 |
| Fractures of Cheekbones | £1,350 | £8,750 |
| Fracture of Jaws | £3,500 | £25,000 |
| Damage to Teeth | £600 | £6,250 |
| Facial Disfigurement | ||
| Females – Scarring | £1,000 | £53,000 |
| Males – Scarring | £1,000 | £36,000 |
| Scarring of Other Parts of the Body | £1,300 | £7,500 |
| Damage to Hair | £2,150 | £6,000 |
| Dermatitis | £1,000 | £10,500 |