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Q.How much will I have to pay my solicitor?
A. Nothing! Our clients do not pay us a penny. We only get paid when we successfully obtain damages for our clients, and then we receive our costs from the third party’s insurer.
Q.I don’t live near any of your offices, will I need to travel to see my solicitor?
A. No, we offer a nationwide service from our offices. Most of our correspondence with you will be by telephone, letter or email, but if necessary we can arrange to visit you at your home or at hospital.
A. Nothing! Some of our clients may need to obtain legal expense insurance in order to proceed with their claim. Full information will be given to you by your legal expense insurer at the time of taking out insurance.
Q.My accident happened at work but I don’t want to upset my employer’s by making a claim against them.
A. Your employer has a legal obligation to provide a safe working environment for you. If you think your employer has been negligible in their duty, do not worry about making a claim as we will contact your employer for you and the claim will be run through their insurance company.
Q.I know the person who caused my injury and don’t know whether to make a claim against them.
A. Call us now and we can offer advice on whether to make a claim. We will handle all correspondence and apart from an initial letter of claim to the person you know, all correspondence will be handled by their insurer.
Q.My friend/colleague/relative has been injured in an accident and has asked me to make a claim or enquiry on their behalf.
A. Call us now to discuss their situation and how we can help.
Q.English is not my first language, can I still make a claim?
A. Yes! We have solicitors who speak Punjabi, Urdu, Bengali, French, Spanish and Italian. Alternatively you can nominate someone to speak for you or we can use translators.
Q.My accident happened abroad, can I still make a claim?
A. It depends! Call us and we can advise whether we can help you.
Q.How long will my claim take?
A. A claim cannot be settled until final medical evidence is available. If your injury is serious or takes some time to stabilise, we will await the appropriate final medical evidence before settling the claim. However, in straightforward cases where the injury settles quickly, we would hope to conclude the claim within 12 to 18 months of starting to act.
Q.I need advice regarding making a claim and how it may affect my government benefits
A. Although your solicitor may be able to offer some advice regarding your benefits, we would recommend that you contact your local benefits office. Alternatively you can visit the UK government’s website http://www.direct.gov.uk/en/MoneyTaxAndBenefits/index.htm or contact the UK’s independent benefits support service, Benefits Helpline, on 0844 415 3905 or visit their website: www.benefitshelpline.com.
Q.Can I get an interim payment?
A. In certain circumstances, if there is likely to be a long delay in finalising the case (because for example your medical condition has not stabilised) we may be able to obtain an interim payment from the insurers for you. This is a payment on account, so it will be deducted from your final damages. We cannot request an interim payment until we have obtained medical evidence.
Q.All I lost was sick pay, why do I have to go to medical examinations?
A. If you pursue a claim for compensation, there are always two parts to the claim. One part is the financial losses and expenses that you have incurred and the other is for the injury itself. If you were to claim only for your lost sick pay you would lose out on the injury part of the compensation. The medical report is needed to value the injury part of the claim.
Q.My accident at work has been registered with the DWP as an industrial accident. Surely this means that my employers are at fault? How can they still deny liability?
A. It is always helpful to get a workplace accident registered as an industrial accident, and this will also enable you to apply for Industrial Injuries Disablement Pension. However, any accident which happens at work can be registered as an industrial accident. It does not mean that the employers were at fault. To prove that they were at fault, we have to investigate the claim and show that their negligence or breach of a legal duty caused your accident.
Q.Is my compensation taxed?
A. No, lump sum compensation for personal injury is tax free.
Q.Should I always reject the first offer?
A. This really depends on the circumstances of each case. Your Solicitor will advise you as they have the experience to know when negotiation will produce an improved offer.
Q.My claim has settled, how long will my cheque take?
A. About five to seven weeks – as soon as the cheque arrives at S & G Associates appointed Solicitors, it will be sent on to you. Unfortunately, insurance companies often take some time to issue cheques and there is little we can do but put pressure on them.
Q.One of my colleagues got a far bigger cheque for what seems to be a less serious injury, why?
A. The amount awarded in each case depends specifically upon the medical reports that have been obtained about your condition. Although it seems easy to compare compensation awards, it is difficult to do so without seeing all the medical reports and the exact amount of your colleague’s financial losses. The amounts awarded by the Courts for the injured party of the claim do vary from injury to injury. If your case does not settle, and has to go before a Judge, he or she will not be interested in hearing what one of your colleagues was awarded. Each case is valued on the evidence in that case.
Q.Can I bring another claim in the future if my injuries get worse?
A. Compensation payments are made in full and final settlement of your claim. All the effects of your accident are dealt with in one go. This means that you cannot reopen the case at any time in the future. This is why it is so important that we allow time for your injuries to stabilise before we settle the claim. In very rare specified circumstances, the court will award what is known as provisional damages. This means that you receive an award of compensation now and the automatic right to return for more compensation in the future if you develop a certain specified medical condition. The most common example of this would be if you have pleural plaques (scars on the lung caused by asbestos exposure), which can be a warning that you may develop a more serious condition in the future. Only in these very rare cases will provisional damages be awarded. Your Solicitor will advise you if it is possible for you to claim provisional damages.
Q.Do I have to repay Statutory Sick Pay?
A. No, however, DWP benefits such as Incapacity Benefit and Industrial Injuries Disablement Pension do have to be repaid if the claim is successful. Particular rules govern which benefits have to be repaid and from which part of your compensation. Your Solicitor will ensure that you are advised about the amount of benefits to be repaid and the effect this will have on your compensation. Once the repayment has been made, no further benefits that you receive will have to be repaid.
Q.What about the benefits I continue to receive?
A. If you receive any means-tested DWP Benefits (for example Income Support) and you receive any lump sum, such as a compensation award, you will have to tell the DWP and they will review whether you are eligible for the benefit. There are always ways to protect your ongoing benefits by putting the compensation into a Trust and your Solicitor will advise you if this is appropriate in your case. Benefits that are not means tested (such as Incapacity Benefit or Industrial Injuries Disablement Benefit) are not affected in this way and you will continue to receive them for as long as you are medically entitled.
Freephone: 0800 731 7404
Out Of Hours Tel: 0116 232 1755 |
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Accident at Work Claims |
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Car Accident Claims |
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Medical Negligence Claims |
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Trip & Slip Claims |
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