Worthingtons Solicitors

Claims FAQ

When can you claim compensation?

You may claim compensation when you sustain an injury as a result of the negligence of someone else. There are various time limits depending on the type of claim and we would recommend that you seek advice from a solicitor at the earliest opportunity.

What is an injury?

An injury can be either:

  1. Physical injury
  2. Psychiatric injury, including stress

How may an injury be caused?

An accident – at work, in a car or on public transport, in a public place, in your own home, in fact anywhere!
By exposure to asbestos, harmful chemicals, dust, or other air-borne irritants.

What can you claim for?

Physical injuries, pain and suffering
Loss of earnings
Damage to property

Will I have to pay any fees?

All initial consultations regarding accidents or injury claims are free.

During the initial consultation we will discuss the circumstances of your injury and advise you whether you have grounds to make a claim. We will explain the basic steps of the claims procedure in your particular case and advise you fully about any costs you may incur and how best to fund your claim.

If your claim is successful, you will rarely have to pay any fees. The Defendant or his/her Insurer will usually pay for the costs incurred in the claim. We will advise you fully on how best to minimise the financial risk inherent in litigation.

Can I apply for Legal Aid?

You may be eligible for legal Aid, depending on your current financial circumstances. If you receive state benefits or are on a low income, you should be eligible. We will advise whether you should apply for Legal Aid and assist with your application.

What is Legal Expenses Insurance?

This is insurance against paying legal costs if your claim is not successful. You may already have Legal Expenses Insurance through your Home Contents Insurance Policy. Many people are unaware of whether they have this cover and we would advise you to check your Insurance Policy documentation carefully. If you are covered, you may apply for your Contents Insurance to be extended to cover the costs of your claim, often for no extra premium. We will gladly examine your policy and contact your Insurers on your behalf.

Are there any time limits for making a claim?

In most cases you must commence legal proceedings within 3 years of either the date of your accident, or the date you become aware that your condition has been caused by the negligence of another party. If you are under 18, the time limit does not begin until your 18th birthday; therefore, any claim will not become barred until your 21st birthday.

There are some instances where the time limit is less than 3 years and there are some rare circumstances in which you may bring a claim outside these time limits. It is therefore extremely important that you contact us immediately for our free initial advice.

When can I claim Criminal Injuries Compensation?

You may claim compensation for any physical injury caused by an assault or a criminal act of another person. The government operates a scheme run by the Compensation Agency, to compensate victims of crime.

There are strict rules regarding –

  1. Who may claim,
  2. When you may claim,
  3. What you may claim for.

It is therefore very important that you contact us as soon as possible if you are the victim of any criminal act. We have application forms for the compensation scheme and can assist and guide you through the criminal injuries compensation process.

Will my benefits be affected by my compensation?

If you are in receipt of means tested benefits, such as Income Support, your benefits may be reduced or suspended if you receive compensation as a result of a claim. One way of protecting your present and future entitlement to benefits, is to invest your compensation in a Personal Injury Trust. We can refer you to an Independent Financial Advisor, who can set up this Trust on your behalf.