Frequently Asked Questions – Personal Injury Claims

When clients first contact us, they are often anxious, afraid, and uncertain of their future. They have concerns and it is our responsibility to reassure during their time of need.

We are often asked questions during the initial stages of a claim and our list of frequently asked questions addresses some of the more common issues raised.


Is it expensive to use a solicitor to represent me? 

We operate on a no-win no-fee basis. If your case is unsuccessful you do not pay our fees.

If we are successful with your case the maximum deduction for our fees is 25% of damages in relation to unrecovered costs. This deduction only applies to the compensation for the injury and past losses, it does not apply to future losses or treatment.

We advise our clients to take out After The Event insurance (ATE Insurance) which covers the legal costs and expenses involved in litigation. It protects against adverse costs’ orders and covers disbursements such as medical report fees and court fees plus the defendant’s costs and their disbursements if the case is unsuccessful. 

How long after my accident do I have to begin a claim?

If you are over 18 you have three years from the date of your accident or incident to start a claim for personal injury compensation. If you are under 18, you have three years from the date of your 18th birthday.

How long do cases take to settle? 

It can take anything from six months to a number of years depending on the complexity of the case, whether the issue of liability can be resolved quickly and the nature of the injuries sustained. We would not advise a client to accept a settlement if the prognosis for their recovery was still uncertain. 

How much compensation could I receive? 

The amount of compensation depends on the severity of the injury. We have a personal injury calculator which is based on figures from the most up to date edition of the Judicial College Guidelines. Click the body parts to see how much you could be entitled to:


Do I have to wait for my case to settle before I receive payment? 

Not always. Interim payments are available on account of damages once liability has been accepted. 

Will I lose my job if I put in a claim against my employer and will it be on record for future employers? 

There are laws in place to protect employees when accidents happen. Your employer cannot dismiss or ‘sack’ you for claiming compensation and they are not allowed to act in an unjust way towards you. Cases for other compensation such as unfair dismissal and constructive dismissal are available, and you would be entitled to claim for this compensation in certain cases. We would put in touch with a qualified solicitor dealing with Employment Law.

Employers should have insurance in place to protect them financially. Employers have a duty of care to protect their employees and insurance such as Employer’s Liability Insurance, which is compulsory, covers accidents in the workplace.

Will my personal injury claim go to court?

Most of our cases settle out of court. With every claim there is a high probability you will not have to give evidence in court. 

Am I entitled to private treatment?

If you are injured and liability is admitted by the other party, you have a right to claim for private treatment or surgery which is funded by the defendant’s insurance company. This then relives the NHS of financial burden.

What evidence do I need to begin a claim for compensation? 

The more evidence you can provide to your solicitor the better. This could include contact details of witnesses or witness reports, details of the incident logged in an accident book or photos of the injuries or area you were injured.

If you have receipts or proof of expenses incurred as a result of the accident such as travel receipts for medical appointments, medication or pay slips these would be useful. Your solicitor will then prepare the case and arrange for medical evidence to be obtained from an independent expert who will consider your medical records. When you are injured in an accident, it is important that you see your GP or if the injury is more serious attend A & E and that the accident and injuries are recorded accurately.

I received compensation through another solicitor but was not satisfied with the outcome, can I re-open the case with you?

People tend to assume that once their claim is settled it is too late to reopen it. This is not necessarily true and NV Legal can act on your behalf to recover what you properly deserve. We will take the necessary steps to obtain your previous solicitor’s file and can advise as to whether you have a claim.

Why do I receive calls asking if I have been involved in an accident?

The Solicitors Code of Conduct prohibits solicitors from cold calling. If you do receive such a call it is likely to be from an unregulated firm not a solicitor. If you are involved in an accident it is vital your case is handled by a qualified solicitor such as those at NV Legal who are regulated by the SRA and employ qualified solicitors.

If I claim compensation will this affect the benefits I currently receive? 

If you claim means-tested benefits and are pursuing a claim for personal injury compensation you may need a Personal Injury Trust to protect your entitlement to benefits depending on the amount of compensation you receive. We will put you in touch with a Financial Advisor specialising in Personal Trusts.


If you would like further information on any of the issues covered contact us for a FREE no-obligation consultation.