Injury Claims FAQs

My insurance company has recommended a law firm. I’d like to choose my own firm, is that possible?

Yes, you are free to choose any law firm and do not have to follow your insurer’s recommendation.

I think the road traffic accident might have been my fault. Does that mean I cannot seek compensation?

Please contact us to discuss your accident, even if you think you were to blame. An investigation into the accident often reveals that someone else was at least partly to blame so you may be entitled to compensation. Call JLA Solicitors on 0161 835 1607 or complete our online claim form and one of our experts will be in touch.

How long will my claim take?

Each and every claim is not the same so it is difficult to give you an exact timescale. What we can promise is that we will work to settle your claim as quickly and efficiently as possible. We will always keep you updating with the progress of your claim.

How much compensation am I likely to receive after my road traffic accident?

This depends on a number of factors, including:

  • the severity of your injuries,
  • uninsured losses like earnings etc,
  • how your injuries affect your life, including your ability to work or enjoy your hobbies,
  • We will be able to give you estimate of your compensation settlement once we have obtained your medical record, details of other financial losses and third party response.

I was a passenger in a car and my driver was at fault, Can I still claim?

Yes, you can claim compensation against your own driver if you were not contributory to this accident.

I wasn’t wearing my seatbelt at the time of the accident. Does that mean I cannot make a claim?

You can claim compensation if this accident was not your fault. The amount you receive may however be reduced if it is found that wearing a seatbelt would have resulted in less serious injuries.

What happens if the other driver did not have insurance?

If the other driver did not have insurance but the vehicle he was driving was insured, the vehicle’s insurance company must deal with your claim. If neither the driver nor vehicle was insured, your claim will be dealt with by the Motor Insurers’ Bureau (MIB) Uninsured Driver Agreement which is designed to allow people to recover compensation.

The other driver hit and ran away from the scene of the accident, can I still claim compensation?

Yes, you can claim compensation by making a claim through the Motor Insurers’ Bureau (MIB) Untraced Driver’s Agreement. But the amount awarded by MIB could be limited depending upon the circumstances of your case.

Is there any time lime for claiming compensation?

Road Traffic Accident Compensation Claim must start in the court within three years of your accident, however, we would recommend seeking expert advice as soon as possible because with the passage of time circumstances may change which can make it difficult for you to win your claim. Claims for children and those incapable of managing their own affairs can be started outside the three year period, and the Court can allow certain other claims to begin outside the three year limit. Please contact JLA for further information on 0161 835 1607 or through our online claim form.

Will I have to go to court in order to receive compensation?

Most cases are settled out of court, however, if the other driver’s insurer denies responsibility it may be necessary for you to issue proceedings in the court within three years from the date of incident. We will support you and arrange for you to be represented in court if needed.

How much it would cost me if I pursue my claim through your Firm?

If you are worried about legal costs, don’t be. Our initial advice costs nothing to you and on our No Win No Fee agreements know as Conditional Fee Agreement (CFA), there’s no financial risk to you if you’re unsuccessful.

How do I start my Claim?

Starting a claim through Joyya Law Associates is straightforward. You can fill in our online enquiry form or speak to a member of our experts on 0161 835 1607 or fill in our online claim form. All our advice is free in the first instance and our experts are happy to answer your questions whether you would like to make a claim or if you are still undecided.

Can I claim on behalf of a minor?

Yes, you or someone can claim compensation on behalf of a minor. The person acting on behalf of a minor should be his/her parent, guardian, or an adult with written permission from either a parent or guardian to act on the minor’s behalf.

My claim has been settled; when will I get my cheque?

Once your claim has been settled and an offer has been made by the other side and we have accepted on your behalf, we will write to them and request for your cheque to be sent as soon as possible. In some cases, there are delays in receiving payment but we normally receive client cheques within 21 days of the case being settled.

Will I get 100% of my compensation?

From April 2013 there were some changes in the law. This means that if you win your case you may need to pay for your legal assistance from your compensation under Conditional Fee Agreement, your solicitor will be happy to explain this in more detail before starting your claim.

What are Special Damages?

These are damages that we can work out “mathematically”. We hope the following lists will be helpful but it is not exhaustive.

1. Loss of Earnings

If you are prevented from working in the short or the long term, you may be entitled to claim loss of earnings. This is true irrespective of whether you are employed or self employed. You will only be entitled to the loss, net of tax and National Insurance contributions.

We shall need to write to your employers even if you have been paid in full during your absence, as you may have a contractual duty to your employers to claim from the Defendant, the other party, sums paid to you during your absence.

Calculations will be made not only as to past loss of earnings, but also as to potential future loss of earnings, if as a consequence of your negligent treatment you will need time off work in the future.

2. Evidence of Losses

It follows from the above, that you should keep records and documentary proof of the financial losses incurred. It is up to you to prove the extent of the loss to the Court.

What Is A ‘No Win, No Fee’ Agreement?

“If you have had suffered a personal injury or illness in result of an accident, you may find that you’ve had to make changes in your life style. In that case you could be entitled for compensation.”

A ‘No Win No Fee’ agreement, often known as a Conditional Fee Agreement (CFA), allows you to make a personal injury claim providing you security and peace of mind with no financial risk to you provided you were complying with the terms of CFA.

In the event that your case isn’t successful, you can be assured that there is no financial risk and you won’t have to pay anything provided you were complying with the terms of CFA.

Funding Options

We will discuss your situation with you to understand the background to your injury or illness and the impact this has had on you and your family.

We will then consider and discuss all of the funding options available to you.

There are a number of ways in which you could fund your case in addition to No Win No Fee agreements. These include:

  • Legal Expenses Insurance – a part of your household or car insurance you may have legal expenses cover to help with any legal costs.
  • ATE – if you do not have legal expense cover, we could discuss and may arrange a suitable ATE insurance policy.
  • Trade Union – if you are a member of a trade union they may provide assistance for some legal issues.
  • Legal Aid – this is now only available in cases for children with brain (neurological) injuries resulting in severe disability, which arise during pregnancy, childbirth or up to six weeks postnatal.

If after reviewing all of the funding options with you we recommend that our No Win No Fee agreement (in combination with an insurance policy designed to protect you) is your best option, you can be assured that there’s no financial risk to you if you’re unsuccessful.

When we handle a case on a No Win No Fee basis, and you are complying with the conditions of CFA, you can be reassured that:

  • Our guarantee that if you lose there will be no financial risk or costs to you.
  • You will pay nothing to us out of your own pocket throughout your claim.
  • We’ll fund all of the necessary expenses (e.g. fees of medical experts for providing reports and court fees) whilst your claim is progressing for which we make no charge to you.
  • You will only have to make a contribution towards your legal costs if you win your claim and, even then, any contribution will only come at the end from any compensation you are awarded.

Duties under CFA

 

Our responsibilities

 
We must:
  • always act in your best interests, subject to our duty to the court;
  • explain to you the risks and benefits of taking legal action;
  • give you our best advice about whether to accept any offer of settlement;
  • you the best information possible about the likely costs of your claim for damages.

Your responsibilities

 
You must:
  • give us clear instructions that allow us to do our work properly;
  • not ask us to work in an improper or unreasonable way;
  • not deliberately mislead us;
  • co-operate with us in timely manners;
  • go to any medical or expert examination or court hearing when ever required.

The above information is subject to full terms and conditions of CFA which you will be explained before starting your claim, so nothing will be hidden.