Accident Compensation Claims FAQ
Below are some of the most frequently asked questions about Personal Injury Compensation Claims. Please click on a link to jump to that answer. If you have other questions then please contact us to speak to one of our experienced accident claims solicitors.
- Is there a time limit for making a claim?
- What does No win – No fee mean?
- How much is my injury claim worth?
- Will I have to go to Court to pursue my accident claim?
- How long will my accident claim case take to settle?
- I was injured by an uninsured driver, can I still make a claim for compensation?
- Do I need to see a Doctor or go to Hospital to back up my injury claim?
- My child has been injured. Can they make a claim for compensation?
Is there a time limit for making a claim?
Yes, you need to make your injury claim within 3 years of the accident happening.
One exception to this is if the accident happened to someone who was under 18 years of age at the time. In those circumstances they have 3 years from their 18th birthday to commence the claim.
Another exception is for claims for injury caused by an industrial disease, such as Mesothelioma or Asbestos related diseases. In these cases you have 3 years from the date of knowledge of the disease. This is because certain diseases may not present symptoms for many years.
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What does No win – No fee mean?
Your solicitor may take your injury claim case on a ‘no win-no fee’ basis. With his type
of agreement your solicitor assumes the risk of not winning the case. If you lose, your solicitor does not get paid and you will not be liable for any legal fees.
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How much is my injury claim worth?
Every injury claim is different and will be worth a different amount of compensation. Your solicitor may be able to give you an estimate of the likely value of your claim once medical evidence has been gathered and the extent of the injury and losses incurred has been worked out.
Compensation can be paid for the following factors which arose as a result of the accident:
- Loss of earnings
- Pain and suffering and loss of amenity.
- Medical expenses
- Care – ongoing medical or personal care for more serious injuries
- Travel expenses – for example to hospital or for other medical care
- Other expenses – such as car hire, etc
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Will I have to go to Court to pursue my accident claim?
Less than 5% of personal injury cases actually end up with Court hearings. Most cases are settled out of Court by negotiation between your solicitor and the other parties legal representatives and insurers.
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How long will my accident claim case take to settle?
The time taken to settle an injury case will vary depending on a number of factors. These factors include thing such as the seriousness of the injury, the type of accident, whether the other party defends the case and whether you have ongoing medical problems caused by the injury.
Most injury cases can be settled in a few months and only the most complex cases are likely to take longer than 12 months to settle. Your solicitor will be able to asses your case and estimate the time involved for you.
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I was injured by an uninsured driver, can I still make a claim for compensation?
Yes. All motor insurers have to pay into a pot to cover uninsured drivers. You can make a claim to the Motor Insurers Bureau (MIB) who can pay compensation for uninsured drivers.
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Do I need to see a Doctor or go to Hospital to back up my injury claim?
Yes, medical evidence of the injury will be required. You may have visited hospital of the Doctor immediately after the accident, or you may see a Doctor later on as your symptoms develop.
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My child has been injured. Can they make a claim for compensation?
Children under 18 can make a claim for compensation but an adult will have to make the claim on their behalf. This will be the parent or legal guardian.
Alternatively, someone who has suffered an injury as a child can still make a claim up to the age of 21.
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