Devon & Somerset Solicitors: Personal Injury FAQs

How long will my accident claim take?

Once one of our local personal injury solicitors has assessed your accident claim we will be able to give you some idea of how long it is likely to take.

There is no set length for a personal injury claim. Each case is different and the time it takes will vary from just a few months to several years.

If we are working on a no win – no fee basis then we won’t get paid until the end of the case, so it is not in our interest for settlement to be delayed. However, you only get “one bite of the cherry”. Our professional negligence solicitors often see examples of personal injury claims that have been under-settled as a result of the case being concluded too quickly. As reputable solicitors, we put ethics before profit and will not rush you into an early settlement if it is not right for you.

The speed at which a personal injury claim progresses depends on a variety of factors, including:-

Whether responsibility for the accident is disputed by your opponent;
The seriousness of your injuries;
Whether court proceedings are necessary; and
The complexity of the medical evidence.

We know that our clients generally want to put the accident behind them, receive their compensation and move on with their lives. Accordingly, our solicitors always progress claims diligently and without delay.

Do I have a claim?

If you give us the details of how your accident occurred, we will quickly tell you.

Every personal injury claim has to be assessed on its own individual merits. Don’t rely on what other people may have told you or the adverts you see on the TV.

We offer a FREE case assessment service. Just give us a ring or send us an email and we’ll tell you if we think your claim is a potential winner.

Clinical negligence claims can somethimes be more difficult to assess and its often necessary for us to obtain your medical records before a definitive view can be taken.

As we have a network of local offices in Devon and Somerset you are very welcome to pop in to see us face-to-face; again entirely free of charge.

We can also arrange to visit you at home or in hospital

To find out where you stand contact us now for your free case assessment.

How does ‘No Win – No Fee’ work?

We have been dealing with accident claims on a No Win – No Fee basis ever since the law first allowed solicitors to do so and we have an excellent track record of success.

We offer genuine No Win, No Fee funding for accident claims. This means that if we do not win your case we do not receive payment for the work we do.

We will also arrange for an insurance policy to be put in place so that any case expenses (like the cost of a medical report or court fees) can then be funded on your behalf and you won’t be asked to pay them yourself. The cost of the insurance is payable from compensation received if the claim is successful. If you lose then we make no charge for the expenses paid on your behalf. Nor do you have to worry about paying the other side’s legal fees.

We think our offer to fund your case on a No Win – No Fee basis demonstrates the confidence we have in our ability to obtain a successful outcome on your behalf.

We always assess No Win – No Fee claims on a case-by-case basis to ensure we offer our clients the best funding available to them. For some types of claim like clinical negligence the way our No Win, No Fee scheme works is slightly different, so please don’t hesitate to get in touch with any queries you might have.

Are you a claims management company?

Certainly not!

We are a fully regulated, reputable firm of solicitors. We are not one of those “here today, gone tomorrow” accident claims companies that advertise so heavily on the internet.

Many of these companies encourage people to think of them as solicitors, but they are not. They are just companies who trade in personal injury claims. They don’t deal with the case themselves. They are simply middlemen, passing your claim on and taking a hefty profit for themselves.

Claims management companies often claim to have a specialist “panel” of solicitors, ready to take on your accident claim. This can be misleading. Generally, all it means is that they have an arrangement with a number of solicitors who are willing to pay the company for providing marketing services: solicitors who for whatever reason are unable to attract clients themselves.

We prefer to distance ourselves from the tacky, “ambulance chasing” claims management companies, whose pushy and sometimes aggressive sales techniques are particularly distasteful.

Unlike the claims management companies, when you contact us you will speak directly to an experienced lawyer not an unqualified person in a call centre. And that lawyer will generally be the one who conducts your case all the way through to the end, treating you as an individual and not a number.

Is my accident compensation taxable?

The good news is that compensation for personal injury and accident claims is not taxable.

Will I have to fill in loads of forms?

No. We will take all the details we need from you to progress your case. Apart from signing some initial documents there isn’t any form filling. We make claiming simple and if you ever have any queries we are on hand to deal with them.

How long do I have to make a claim?

An adult generally has three years to make a personal injury or clinical negligence claim. The time usually starts to run from the date of the accident or incident. Three years might seem like a long time, but it’s important not to delay. The longer you leave it, the more difficult it can become. Witnesses move on, evidence gets lost. That’s why we would always advise people to consult a specialist solicitor at the very earliest stage.

There are also important exceptions to the three-year rule. Sometimes the time period can start to run after the date of the accident or injury; this is particularly relevant in medical negligence cases where the patient often doesn’t know that they have been the victim of a medical blunder until much later. In certain situations (such as accidents at sea or accidents in the air) the time limit is shorter. Again, the sooner you speak to one of our accident claim specialists, the better.

If you have already delayed the court may be prepared to exercise its discretion to override the usual time limit. And remember, for children time does not begin to run until their eighteenth birthday.

Limitation periods can be extremely complex, so it’s best not to take any chances. Speak to one of our specialist lawyers as soon as you can.

Do I have to go to your office?

With a network of offices throughout Devon and Somerset the chances are we’ll have an office not too far from where you live or work.

If you want to pop in to see us to get the claim underway or discuss progress then you are very welcome to do so. We are also willing to see people at home or in hospital anywhere throughout the West Country.

However, many people prefer to deal with their case by telephone, post or email. It’s entirely your choice and being a local, independent firm of solicitors who put clients first we are happy to deal with your claim in whatever way you wish.

How much compensation will I get?

Our job is to maximise the amount of compensation you receive. The level of compensation varies from claim to claim. Part of your award will be for the “pain and suffering” of the injury itself. This can generally only be assessed once an independent medical report has been obtained. The amount of compensation will depend on the seriousness of the injury, the time it takes you to recover and the extent of any continuing disability.

You are also entitled to recover your out of pocket and financial expenses. This includes things like lost earnings, which can really mount up; especially where a claim for future loss is made.

We assess every personal injury claim and clinical negligence case individually and will work closely with you to ensure that all possible claims are included. We even make sure that claims are made for things like the value of care that is provided by family and friends; something that is often overlooked in compensation settlements.

Will I need a barrister?

If your claim involves complex issues or serious injuries then we may recommend that a specialist personal injury or medical negligence barrister is consulted. Barristers are able to provide a useful “second opinion” in complicated claims. You only get “one bite of the cherry”, so it’s important to get it right. If a barrister is required in your case then we can make all the necessary arrangements and will provide you with a copy of any written advice the barrister prepares. We enjoy a good relationship with a number of highly respected barristers’ chambers in the south west and London. And if your claim is being pursued on a No Win – No Fee basis then we will arrange for the barrister to also be instructed under a No Win – No Fee agreement.