FAQs

Personal Injury

How do I know if I have a personal injury claim?

If you have sustained any type of an injury, physical or psychological, minor or serious, and it wasn’t your fault, it is highly likely that you will be entitled to make a claim for compensation.

You can speak to one of our experts, at no cost and without commitment, who can assess whether you have a claim and if so, the likelihood of success.

My accident was over three years ago, can I still claim?

The general rule is court proceedings have to be issued within three years of the date your accident occurred.

However, this is not always the case, for example if you were under 18 at the time, or if the circumstance and injuries are subject to more complex rules.

Our team of PI specialists are best placed to advise if you can still claim and what the deadline for doing so is.

Does “No Win No Fee” really mean “No Fee” and if I ‘Win’, how much will I have to pay?

NWNW means just that. We will not charge you if your claim fails.

If you win, we will recover our fees from your opponent, subject to deductions which might have to be applied to your compensation at the end of the case.

Funding is something we will discuss and explain at the start of your claim but feel free to call and enquire even before you have instructed us to deal with your claim

How long will my claim take?

We have negotiated settlements on some straightforward claims, within months. The overall length of time taken will depend on the complexity – more complex claims may take several months simply to gather evidence and assess the claim.

The sooner you speak to a solicitor, the sooner your claim can commence and settle.

I don’t want to go to Court – will I have to?

Our fundamental focus is on achieving the best possible terms of settlement for our clients, whether dealing with either low value uninsured losses or high value, complex cases resulting from serious injury or negligence.

We work in partnership with our clients, so that all aspects of our claims handling services are delivered to a high standard, with measured key performance indicators and service level agreements.

Neither do we as we treat court as the last resort! Our aim is to settle your claim without the need to go to court and the majority of cases we handle don’t need to.

However, we want to achieve the result that you deserve and if this means going to court, we will advise you accordingly. In the unlikely event that this becomes necessary, we will guide and support you and we will be leading you throughout the process. We will instruct an experienced barrister to represent you so your involvement will be kept to a minimum.

Rest assured that going to court should not be a cause for concern at this stage.

Road Traffic Accidents

What are the steps I should follow when I have been involved in a road traffic accident?

If you have found yourself to be injured from a road traffic accident, the first step would be to seek medical assistance. You should still consult a doctor if you have minor injuries also. You should then speak to our specialist solicitors who will assist you on your claim and to receive the compensation you are entitled for.

Gain expert advice from our specialist solicitors in regards to your incident and receive the correct amount of compensation that you entitled for on a No Win No fee basis. Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310.

If you were in a situation where you were not wearing your seatbelt, could you still make a compensation claim?

It is by law for you to wear a seatbelt in the vehicle, but you could still make a claim if you were not wearing a seatbelt. You could make a claim for compensation if a third party was at fault for the road traffic accident. However, if you were not wearing your seatbelt at the time of the incident and this resulted in your injuries becoming worse, you would be partly to blame for the accident. This would result in a deduction to the amount of compensation you will receive if you were not wearing a seatbelt.

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310.

In order to support my claim, is there any evidence that I would need to provide?

Our solicitors may request any evidence to support your claim. The evidence could comprise of the following:

Photographs of the location of the accident
Photographs of the injuries you suffered
Any details of the other driver or the person who was at fault
Witnessing details
Reports of the location of the accident or if the police attended

If you suffered from any injuries, the initial stage would be to seek medical assistance. You would be asked for any details with regards to any medical appointments that you have attended and if you were prescribed any medication for the treatment of the injuries you suffered. Lex Solicitors will arrange you a medical examination for the claims process to determine the extent of the injury.

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310.

How would I fund my claim for the road traffic accident?

At Lex Solicitors, the majority of the road traffic accident claims are based on a no win no fee basis. So, there would be no costs for the case if you are not successful in your claim.

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310.

How long will my claim take?

The length of your claim would depend on the severity and how serious your injury is. It would also depend on whether the other party accepts liability and responsibility. With serious injury cases, more medical evidence is required which results in the length of the claim to increase. If it is a whiplash injury and the third party does accept liability and responsibility at first instance, the claim could be dealt within a few months. Your claim could also have a more length time if it was a hit and run accident and the driver is not able to be allocated by the police or the insurance company.

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310.

Employers Liability

How long would an accident at work claim take?

With regards to the length of the claim, a workplace accident claim could take from a few months to a couple of years in order to settle as this would depend on the severity of the injury. So, the serious injury cases usually take longer to settle compared to the minor injuries. Workplace accident claims in the past have usually taken takes two years to settle and depends on the following factors:

The severity of the injuries – If you have found yourself to suffer from a serious injury, the process is longer as our specialist solicitors would need to examine and scrutinise your claim to ensure you receive the correct amount of compensation you are entitled for.
If your employer has admitted responsibility for the workplace accident – If your employer has not taken responsibility in regards to your accident, the process of the claim would take longer as time would be spent to prove your case.
If the Health and Safety Executive (HSE) are prosecuting your employer – If the HSE are prosecuting your employer, you would have to wait for the conclusion of this before your accident at work claim can be settled.

If your employer has taken responsibility of your accident at work claim in the initial stages of the case, you would be entitled to receiving interim compensation payments. Interim compensation is the money that would be given prior to the final settlement made.

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310. Gain expert advice from our specialist solicitors in regards to your incident and receive the correct amount of compensation that you entitled for on a No Win No fee basis.

Are there any benefits that I would be able to claim for if I make a workplace accident claim?

To qualify for any benefits, our specialist solicitors would need to examine your claim and the severity of the injury. If you are entitled to any benefits, our solicitors would inform you. Some benefits that you could be eligible to claim for are:

Employment and Support Allowance (ESA)
Personal Independence Payment (PIP)
Statutory Sick Pay (SSP)
Guardian’s Allowance
Disability Living Allowance (DLA)
Carer’s Allowance
Attendance Allowance

Will I be at a risk of losing my job if I make a personal injury claim against my employer?

If you make a workplace accident claim, your employer would not be able to dismiss you if you could return to work. Lex will negotiate the maximum payment you are eligible for while you recover and return to work.

How to prove your employer’s liability claim?

Your employer has a statutory and common law duty to reduce the risk of accidents and injuries being sustained in the workplace. If your employer fails and as a result you are injured at work, they will be liable to pay compensation for the injury as well as all associated financial losses. The case would be examined by our specialist solicitors and proof could be required to assist your claim. There are many factors that would be assessed in order to prove your claim. Some of the factors that would be assessed are:

Health and safety regulation of the company
If adequate training is provided
Undertaking a risk assessment
Protective clothing if required

A medical expert would also assist us on the case as they could prove whether the injuries or damage was caused by the workplace accident. Lex will negotiate the maximum payment you are eligible for while you recover and return to work.

What is worker compensation insurance?

In the event of an accident in the workplace, it is necessary for employers to have comprehensive worker compensation or sometimes regarded as an Employment Liability Insurance (ELI) which must be in force. The compensation claims would be paid by the worker compensation insurance, so in the event of a workplace accident claim, the employer would not be provided to pay for the compensation with the insurance covering this payment.

Public Liability

What is regarded as a public place?

Section 9(1) of The Public Order Act 1936 defines a “Public place” – “includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise”. So, if the general public have access to that land, it would be regarded as a public place.

A tenant or a business could also be held responsible if they did not take any measures to ensure the safety of the public which is regarded as occupiers liability claims.

Examples of common public places are:

Parks
Pavements and roads
Gyms
Theatres or the cinemas
Restaurants

Who would be liable if you sustained an injury in a public place?

There is a duty of care owed by the local authorises or the council to the public who must ensure public places are safe to use. If you have found yourself to be injured due to the negligence of the public authority, you could be entitled to receiving compensation.

There must be safety measures in place to ensure the safety of the public. If you sustain an injury due to the negligence of the public authority, you would be entitled to claim compensation. Some examples comprise of the following:

A broken lamppost hindering your view of the road.
No signs of potholes in the road
No grit used on icy roads or pavements

A tenant or a business could also be held responsible if they did not take any measures to ensure the safety of the public which is regarded as occupier’s liability claims.

Examples of common public places are:

Parks
Pavements and roads
Gyms
Theatres or the cinemas
Restaurants

Are there any specific places where a public authority or a business could be liable?

There are numerous places where you can sustain an injury due to the negligence of the public authority. For your understanding and for simplicity, common situations are:

An injury due to the lack of signs – Wet floor or a broken property on the road.
Tripping or falling on wires which should be removed.
Falling objects
Tripping over potholes

How much compensation will I receive for my Public Liability Claim?

Compensation for a Public Liability Claim is split into two categories. They comprise of the following:

General Damages – Compensation would be awarded for a loss of amenity, pain and suffering. Our specialist solicitors would assess your case and the severity of your injury to determine the amount of compensation that you are entitled for. So, recovery time, if rehabilitation is required or further treatment is required would be taken into consideration for your case.
Special Damages – This is the compensation that would be awarded for any financial losses that have incurred due to the result of the accident.

Examples of this include:

Ongoing care,
Future salary lost
Loss of earnings
Physiotherapy cost
Travel expenses.

Would I have to attend court to claim compensation?

Our specialist solicitors would inform you at every stage of the case. Majority of the public liability claims are settled out of the court and Lex Solicitors would negotiate on your behalf to conclude a settlement to ensure you receive the compensation you are entitled for.

At Lex, we have streamlined the process so that you can instruct us with ease and to ensure we are on hand to guide you and offer a personal service. We consider the process to be of equal importance as the final outcome. Neither do we, as we treat court as the last resort! Our aim is to settle your claim without the need to go to court and the majority of cases we handle don’t need to.

Rest assured that going to court should not be a cause for concern at this stage.

Serious Injury

What is the initial stage of my Serious Injury Compensation Claim?

To start your Serious Injury claim, get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310. Gain expert advice from our specialist solicitors in regards to your incident and receive the correct amount of compensation that you entitled for on a No Win No fee basis.

In this conversation, your injury along with the legal matters will be discussed and whether you have a claim. Your case will be investigated and if you have a case, a witness statement along with contacting insurers will be taken.

How much amount in compensation will I receive?

Initially, your injuries will be examined and the amount of compensation you receive would primarily depend on the severity of the injury and how it affects your daily life. If the serious injury is seen to affect your life to a high level with regards to loss of earnings or medical bills, you would then be entitled to receiving more compensation.

When looking at serious injury compensation, you must be aware of general damages and special damages.

General Damages – Compensation would be awarded for a loss of amenity, pain and suffering. Our specialist solicitors would assess your case and the severity of your injury to determine the amount of compensation that you are entitled for. Also, the amount of compensation would be measured using a guideline and past cases.
Special Damages – This is the compensation that would be awarded for any financial losses that have incurred due to the result of the accident. Examples of this include:
Rehabilitation
Physiotherapy costs
Past and future loss of earnings
Any expenses connected to your injury

Would I have to attend court to claim compensation?

The case would only go to court if the parties do not agree on the amount of compensation or who was at fault. Our aim is to settle your claim without the need to go to court and the majority of cases we handle don’t need to.

In the unlikely event of court becoming necessary, we would advise you accordingly. We will instruct an experienced barrister to represent you, so your involvement will be kept to a minimum.

Would I be able to make a claim if a loved one has died?

You would be able to make a claim in behalf of a deceased loved one if is evident that your loved one died due to the negligence and fault of the other party. If the main provider of the family had died and their partner did not have the means to provide for the family, the compensation claim would consider loss of earnings.

If the employer was at fault for my serious injury, would I still be able to claim?

If you have suffered from a serious injury in the workplace, you would be able to make a claim. Your employer has a duty of care and a responsibility to ensure there is safety in the workplace. If they do not provide safety measures, and you suffer from a serious injury, you would be able to make a claim.

In the event of an accident in the workplace, it is necessary for employers to have a comprehensive worker compensation or sometimes regarded as an Employment Liability Insurance (ELI) which must be in force. The compensation claims would be paid by the worker compensation insurance, so in the event of a workplace accident claim, the employer would not be provided to pay for the compensation with the insurance covering this payment.

Medical Negligence

How do I start a claim?

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If you have sustained any type of an injury, physical or psychological, minor or serious, and it wasn’t your fault, it is highly likely that you will be entitled to make a claim for compensation.

You can speak to one of experts, at no cost and without commitment, who can assess whether you have a claim and if so, the likelihood of success.

How much amount in compensation will I receive for my medical negligence claim?

Our specialist solicitors experienced in medical negligence would examine your case. There are a few factors that would be considered when deciding the amount of compensation that you could receive. They comprise of the following:

The severity of the sustained injury
Future care requirements
The expenses you incurred due to the negligence of the medical professional

For a medical negligence claim, is a medical examination required?

If a medical professional is negligent in their actions and has resulted you to sustain an injury, you should see an experienced doctor who would assess the injury you have sustained.

A doctor could assist you on the claim as they will assess the extent of the injury and give their view on the injury.

Can I Claim Against the NHS For Medical Negligence?

If an NHS professional made your injury worse or you suffered from an illness and it was evident that they were negligent in their actions, you are permitted to claim against the NHS. You would therefore be eligible to claiming compensation.

The purpose of the compensation due to the negligence of the medical professional is to assist you on the recovery as much as possible and to gain medical care.

What are the time limits for a Medical Negligence Claim?

Initially, there would be a three-year period where you could make your medical negligence claim which is the date the injury that was connected to the negligence of the medical professional and not the date you sustained the injury. The time period would be considered from the following:

The date in which the negligence incurred
The date it became apparent the treatment by the medical professional was negligent

The exceptions to the time limit for a medical negligence claim:

Children – The three-year period for claiming compensation would not be applied for a child who is under the age of 18.
An individual who has a deficiency in their mental capacity – If an individual cannot use their own intellect to make a decision on their own, the time period would not apply to them.

Other time limits that are important:

Timeframe – Once the claim and process has initially started, there is no time period for finishing the claim.
A claim made for a loved one who has died – There is a time limit for a loved one who has passed away due to a negligent action by the medical professional.

Industrial Disease

What is the process of an Industrial Disease Compensation claim?

There are a number of requirements that must be adhered to in the initial stages of a criminal injury claim. If you satisfy from any of the following, you are eligible for a CICA claim. They are:

The criminal injury incident is required to have occurred in England, Scotland or Wales
The police must be notified of the incident immediately
The injuries must be of severity meeting the minimum award of £1,000
The injury had taken place within the last two years, but exceptions do apply

How much amount in compensation will I receive for my Industrial Disease claim?

If you have sustained from an illness or a disease in a working environment, you could be entitled to receiving compensation.

However, the amount you receive would be dependent on many factors with some being:

The severity of the illness or disease suffered
Loss of earnings – if the illness has resulted you to stop working
Any medical and travel expenses imposed

Would I be able to make a claim if I am Self-employed or a contractor?

You would not be able to make a claim if you are self-employed due to you being responsible for your health and safety. With a contractor, if the illness suffered was due to another individual in a working environment, you could be eligible to make a compensation claim as long as it can be proven they were liable for the illness you developed.

What If My Former Employer is no longer trading or a company?

If your former employer is no longer trading, you would still be eligible to claim as compensation is paid through an insurer and not the company. You would therefore still be able to make a claim. The company would have an Employer Liability Insurance, so the insurer would be held liable for the compensation you would be entitled towards.

Would I Have to Go Court For My Claim?

This would depend on if whether your employer or your former employer does accept responsibility in the initial stages of the claim. If they do not accept responsibility, we will require the court for the claim to be settled.

However, majority of our claims are settled out of court. However, if the claim does require you to go to court, Lex Solicitors will support you with the entire process.

Criminal Injury

Are there any requirements to make a claim for criminal injury?

There are a number of requirements that must be adhered to in the initial stages of a criminal injury claim. If you satisfy from any of the following, you are eligible for a CICA claim. They are:

The criminal injury incident is required to have occurred in England, Scotland or Wales
The police must be notified of the incident immediately
The injuries must be of severity meeting the minimum award of £1,000
The injury had taken place within the last two years, but exceptions do apply

Is there Financial Support I can get access to during my claim?

You could be eligible to apply for any short-term costs that you need prior to the case being settled. If you require any financial support during the claim, inform our specialist solicitors in the initial stages of the claim (start of your claim) and they would assist you to apply for financial support.

What will I be able to claim for?

The amount you receive with a criminal injury would depend on the severity of the injury you have sustained. There are certain awards and thresholds that could be claimed for and is divided between Category A and Category B.

The amount of compensation you could receive from category A injuries are between £1,000 – £250,000 (maximum award).

Category A consist of injuries including:

An injury to the head or neck
Nerve damage
Paralysis
A mental injury
Severe burns

The amount of compensation you could receive from category B are between £1,000 – £44,000.

Category B primarily consists of abuse including:

Sexual abuse
Child abuse
Adults – Physical abuse
Infections – Sexual abuse
Fatal injuries

With the CICA, you would not be eligible to claim for private medical fees or loss of earnings. Please see the CICA website – https://www.gov.uk/government/organisations/criminal-injuries-compensation-authority

Is a solicitor required for my claim?

A solicitor for your claim is not mandatory, but the process is complicated without legal representation. Our specialist solicitors are here to assist you on the claim and support you on every step of this process from gathering evidence to submitting your claim.

A legal representation would also be advisable to support you on the claim of a loved one who may have suffered from a serious injury due to a criminal offence.

Would I have to go court for my claim?

You would not be required to go court as claims made through the CIA are dealt with an online application. However, if the outcome is not been able to be agreed upon, an appeal process would be considered wherein a hearing would take place prior to judges in a tribunal.

Our specialist solicitors would be with you on every step and process of the claim. Gain expert advice from our specialist solicitors in regards to your incident and receive the correct amount of compensation that you entitled for on a No Win No fee basis.

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