Accident That Wasn’t Your Fault? Hire a Personal Injury Lawyer Now

If you have been injured in an accident that was not your fault, you may be entitled to compensation: for pain and suffering, for the cost of treatment and rehabilitation, and for earnings lost now and in the future. Independent advice early on is the surest way to understand your options.

Instructing a personal injury solicitor

Where someone else's negligence has caused your injury, a personal injury solicitor can shoulder the claim for you. At Trent Law we assess potential claims free of charge, act on a no win, no fee basis (a conditional fee agreement, meaning you pay legal costs only if the claim succeeds), and arrange After the Event insurance so that an unsuccessful claim cannot leave you facing the other side's costs.

What claims are made, and what are they worth?

Most claims arise from road traffic accidents, accidents at work and accidents in public places, with a further category for injuries caused by defective products. Compensation divides into general damages, for pain, suffering and loss of amenity, and special damages, for losses that can be counted: earnings, treatment, travel. Past loss of earnings is commonly measured against your average earnings in the thirteen weeks before the injury, adjusted where pay fluctuates or a promotion was imminent, and the Ogden tables translate future losses into a fair lump sum using multipliers for matters such as life expectancy. Where an injury leaves you at a disadvantage in the labour market, a Smith v Manchester award can compensate for that continuing risk to your earning power.

How long will it take, and will it mean court?

Timescales turn on the severity of the injury, the complexity of the claim and whether liability is disputed, and expert evidence adds time of its own. Court, however, is the exception rather than the rule: the clear majority of claims settle, and perhaps only one case in twenty proceeds to a hearing, usually where liability or damages cannot otherwise be resolved. If yours is among them, our solicitors are experienced in court proceedings.

Time limits deserve respect

Most personal injury claims in England and Wales must be issued within three years of the injury, and for those injured as children the three years run from the eighteenth birthday. Claims under the Consumer Protection Act for defective products carry their own regime, ordinarily three years but subject to a ten year longstop from the date the product first entered the market. Injuries caused deliberately rather than negligently may instead be pursued through the Criminal Injuries Compensation Authority, where the limit is two years. Whatever the category, sooner is safer.

The choice of solicitor is yours

One point worth knowing after a road accident: your insurer may recommend a firm, but the law preserves your freedom to choose the solicitor you wish to act for you. Road users owe one another a duty of care; employers must take all reasonably practicable steps to protect the health, safety and welfare of their staff; and businesses and public bodies owe duties to those who visit their premises. Whoever failed in that duty, see a doctor, record what happened, gather witness details, and take advice.

About the author: Dr Aamir Nawaz, LLB (Hons), LLM, PhD, Solicitor, Barrister (np) and Notary Public.