Personal Injury Claims

Every claim for compensation is assessed individually and quantified according to the specific facts of the case. There is no set tariff for compensation, except in cases that proceed through the Criminal Injuries Compensation Authority.

Compensation is split into two categories:-

Compensation for pain, suffering and loss of amenity – called General Damages. There is no set amount but factors that will be taken into account include:

General Damages

• the degree of pain and suffering
• the length of time the pain and suffering lasts
• whether you will make a full recovery
• whether the symptoms are permanent
• the treatment required
• your age
• whether the injury/illness has exacerbated or accelerated another illness or condition
• how the injury/illness affects the things you do on a daily basis, at work, at home, socially and personally
• to assess how much your injury is worth, the Attwaters Jameson Hill Personal Injury Team will look at the judicial guidelines that have been set and the awards that have been made in previous similar cases.

The second category is called Special Damages it is an award to compensate you for any expense and loss you have suffered as a result of the injury/illness.

It includes expenses or losses that you incur from the date of the accident until the conclusion of the case, also losses or expenses that you will incur in the future, such as:

Special Damages

• Loss of earnings
• Pension loss
• Medical expenses
• Cost of care
• Transport costs
• Aids and equipment
• Accommodation costs

Compensation payments are not subject to tax. You will, however, have to pay tax on any interest earned if the compensation is invested.

It is impossible to give an accurate time estimate as each case is different.

There are two factors which will affect the length of time the case will take; firstly, whether liability is disputed and, secondly, the severity of your injuries.

It will not be possible to conclude your case until the defendant accepts or is found responsible for causing the accident. It is also not advisable to conclude your case until we know whether your injury will continue to affect you in the future.

As a rough guide, if liability is accepted and your injuries are straightforward, your case could be concluded in between 12 to 18 months.

Your Attwaters Jameson Hill Personal Injury case manager will advise you on the timescales as the matter proceeds and more information is available.

In a claim for personal injury, under the Limitation Act 1980, the injured party has 3 years from the date of the accident in which to issue court proceedings.

In the case of industrial disease claims however, as there is no accident date as such, the injured party has 3 years from the ‘date of knowledge’ in which to bring a claim.

The ‘date of knowledge’ is defined as the date at which the Claimant knew or suspected they had a significant condition, (such as an asbestos related disease, occupational deafness, work related upper limb disorder and so on) and attributed that condition to their workplace.

‘Knowledge’ is not limited to actual knowledge and the Act includes knowledge which one might reasonably have been expected to acquire from the facts observable or ascertainable by you – or from facts ascertainable with the help of medical or other appropriate expert advice which it is reasonable to have been sought.

In fatal cases the claim must be commenced within three years of the date of death, or within three years from the date the deceased’s family became aware that the cause of death was due to a work related condition.

It is always a good idea to make a written record of how the accident happened, as soon as possible after the event, when it is still fresh in your mind.

Describe as much as possible. It’s better to have too much information than too little. This would ideally include:

• Date, time and location
• Detailed description of the incident
• Details of the responsible parties (preferably the full name and address)
• Witnesses’ details (preferably the full name and address)
• Receipts and expenses – including travel, mileage and parking fees for medical appointments for example. Note these on an ongoing basis.
• Record of medical appointments

If your claim is for an occupational disease it is helpful if you prepare a chronology of when the exposure happened and who you were working for at the time of the exposure, describing in as much detail as you can the work that you were doing that caused the condition that you now suffer from.

Most cases settle through negotiation. It is only about 10% of cases that go to court and many of those are settled at court before the hearing begins.

If you do have to attend court, Attwaters Accidents Personal Injury specialists have an enviably successful court record.

We will guide you and support you throughout, and you will be represented by a specialist lawyer or barrister at the hearing.

It is illegal for your employer to sack you because you make a claim against them. Your employer should be insured and their insurance company will handle the claim and pay the compensation.

If you think your job will be threatened if you make a claim, we can refer you to an Employment Specialist at our sister firm Attwaters Jameson Hill.

No. Attwaters Accidents is a long and well established firm of lawyers with specialisms in Personal Injury and Medical (or Clinical) Negligence claims.

We are professionally qualified and are subject to strict regulatory standards set by the lawyers Regulation Authority. We are accredited by the Association of Personal Injury Lawyers (APIL).

Our lawyers are members of APIL, and some have individual accreditation with APIL. We also have individuals who are members of the Law Society Accreditation Scheme.

Membership of APIL and the Accreditation Scheme are both quality marks demonstrating a high standard of expertise in Personal Injury and Medical Negligence Law.

If you believe you may have a personal injury claim, obtaining clear, high quality legal advice as soon as possible will ensure the correct issues can be identified and appropriate representations made.

You will be given an opportunity to have a confidential discussion with an experienced member of our enquiries team. Once you are comfortable that you have given them the details to enable us to understand your concerns, we can then identify the expertise that is needed and allocate your case to the right lawyer for your needs.

That lawyer will then pursue your case and be available to you throughout the duration of the matter.

Your lawyer will welcome meeting you. Meetings and communications can be carried out in person, by phone, video call, email or letter, whatever suits you best. We can also see you in your home or at your place of work, in any part of the country.