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Frequently Asked Questions
Switching solicitors is easy and entirely within your rights as a client. Not many solicitors have the understanding and experience in chronic pain claims. If you feel that your current solicitor does not understand your condition, you are are entitled to instruct a firm with the required experience instead. Switching solicitors is easy. All you need to do is complete a simple form.
Chronic pain conditions such as fibromyalgia and CRPS often develop after a physical trauma. Where this trauma was caused by someone else, the following conditions must be met in order to bring a claim for compensation:
1. You are owed a duty of care by the defendant (the other party), and
2. The defendant was negligent in breaching that duty of care to you, and
3. The negligence caused the injury and losses that you are seeking to recover by way of compensation.
1. You are owed a duty of care by the defendant (the other party), and
2. The defendant was negligent in breaching that duty of care to you, and
3. The negligence caused the injury and losses that you are seeking to recover by way of compensation.
The general rule is that any claim for personal injury must be brought within three years of the negligence taking place. There are exceptions to this rule in some cases which can be assessed individually. It is therefore important that you contact solicitors as soon as you believe you may have a claim.
We act on claims that fall under the legal jurisdiction of England and Wales. In order to fall under the jurisdiction, the general rule is that the negligence occurred in England and Wales. There are exceptions to this rule in some cases which can be assessed individually. It is therefore important that you contact solicitors if you believe you may have a claim.
We act for most claimants on a Conditional Fee Agreement (CFA), also known as ‘no-win-no-fee’. This means that if the claim is unsuccessful, provided there is no fundamental dishonesty, you will not have to pay our costs. In the event of a successful claim, most of our costs are paid by the defendant. If you have legal expenses insurance, we can be appointed on your policy and our costs will be protected through your legal expenses insurer.
Your claim is valued on how much you have lost due to the negligence. These losses are broken down into:
General damages – compensation for the pain, suffering and loss of amenity that you suffered due to injury itself.
Special damages – compensation for any ‘out-of-pocket’ expenses that you have incurred as a result of the injuries caused by the negligence, such as loss of earnings and care and assistance. Future losses that you are going to face due to the negligence are also compensated for. These include, future loss of earnings, care that you may now need and future expenses that you will incur due to the injuries caused by the negligence.
Most claims are settled through negotiation with the defendant. There are risks to every claim and it is rarely straightforward. Therefore, the compensation you receive will be based on the individual circumstances of your claim.
General damages – compensation for the pain, suffering and loss of amenity that you suffered due to injury itself.
Special damages – compensation for any ‘out-of-pocket’ expenses that you have incurred as a result of the injuries caused by the negligence, such as loss of earnings and care and assistance. Future losses that you are going to face due to the negligence are also compensated for. These include, future loss of earnings, care that you may now need and future expenses that you will incur due to the injuries caused by the negligence.
Most claims are settled through negotiation with the defendant. There are risks to every claim and it is rarely straightforward. Therefore, the compensation you receive will be based on the individual circumstances of your claim.
Whilst some solicitors do not make any deductions, the complex, specialist and often risky nature of our work requires us to take a deduction. When acting on a Conditional Fee Agreement (CFA), there is a maximum deduction of 20% however, this figure is subject to your specific claim. There can also be limited deductions to cover some of the unrecoverable fees. On some occasions, no deductions are made. Where there is a deduction, we are confident that the amount you receive will be more than you could have received at another solicitor without deductions.
Where the personal injury was caused through a criminal act, it is more difficult to claim against the assailant as they often cannot afford to pay compensation. There is a government scheme called the Criminal Injuries Compensation Authority where you can make a claim for compensation, and on which we can advise. These claims can have a shorter time period in which to bring a claim than a standard negligence claim, so it is important that you seek legal advice as soon as possible.
It is difficult to predict how long a claim will take from start to finish. The work involved in complex personal injury claims is nuanced, case specific and requires a lot of expert attention.