Personal Injury Claims

Our Personal Injury Department is able to assist with any accident and injury claim. We have over ten years experience in dealing with claims under “no win no fee” arrangements and are expert in advising you as to your options. We are members of The Association of Personal Injury Lawyers (APIL) and of the Accident Line scheme offering after the event insurance in suitable cases.

Conditional Fee Agreements & Disbursement Funding Arrangements

We will assess the prospects of success of new cases free of charge. Public funding (formerly Legal Aid) is not generally available for Personal Injury cases. Most cases are now taken on under a Conditional Fee Agreement backed with suitable insurance. We would be happy to act alternatively on a private fee paying basis or under any pre-existing legal expenses insurance policy where this is agreed by the insurance company concerned.

We can offer disbursement funding arrangements so that no payment is required from the client before, during, or prior to the conclusion of the case.

We aim to recover all our costs from the Defendant so that the client achieves maximum recovery of their compensation.

We act for victims of any accident which is not the victim’s fault or time barred (generally within the last three years but there are exceptions).

Examples of accident claims we can help with can include the following:

  • Road traffic accidents (drivers, passengers, pedestrians, or cyclists)
  • Accidents at work (employees or the self employed)
  • Slips and trips (on public highways, private premises or retail premises)
  • Occupational Disease (such as asbestosis, repetitive strain, stress at work etc)
  • Product Defect and Defective Premises (including defective constructions, labelling or maintenance, food poisoning etc)

This is by no means an exhaustive list and we will consider any appropriate set of circumstances in our initial free assessment.

We also can help with the following injury claims:

  • Professional Negligence (claims against former solicitors in respect of personal injury or other matters)
  • Actions against the police (assault, false imprisonment, malicious prosecution etc). In suitable cases Public Funding is still available for these actions. We can assess eligibility for this (means testing applies).
  • Criminal Injuries Compensation cases

Criminal Injuries Compensation Authority

We can assist victims of crime to make a claim to the Criminal Injuries Compensation Authority. If within scope financially we can provide Public Funding for this. Alternatively we can offer a form of no win no fee arrangement.

We can offer facilities to see clients in their own homes [particularly in respect of initial assessment] or at our office in Croydon. Clients with disability in particular will be accommodated in this way.

If you would like to contact us regarding this matter online, please complete our personal injury contact form.

Personal Injury FAQs

What do you need to prove to claim personal injury compensation?

In order to make a successful personal injury compensation claim, you need to prove that:

The person responsible for your injuries owed you a ‘duty of care’ – This is usually straightforward to prove, e.g. a road user automatically owes a duty of care not to injure other road users and a doctor has a duty not to injure their patients.

You sustained injuries as a result of someone breaching their duty of care – For example, a driver was driving carelessly leading to a crash in which you were injured.

You would not have sustained the injuries had it not been for the responsible person’s negligence – for example, if the driver had not been driving carelessly, the crash would not have occurred and you would not have been injured.

It is important to provide evidence to back up your claim, such as:

  • Photographs of your injuries or medical reports
  • Photographs of the scene of the incident, for example, the road traffic accident, loose flooring that led to a fall, or faulty equipment
  • Witness statements from you and people who witnessed the incident

We will always provide advice about what evidence you will need and help you obtain it where appropriate.

Is there a time limit for making a personal injury claim?

The standard time limit for starting a compensation claim is 3 years from the date of the negligence or from the date you realised the negligence occurred.

There are some exceptions to this rule, including:

  • Children – if the injured person is under 18 years old, you have until they turn 18 to bring a personal injury claim
  • Vulnerable adults – if the injured person lacks mental capacity, e.g. due to dementia or severe learning difficulties, then there is no time limit
  • Deceased people – if the injured person died as a result of the negligence, the time limit is 3 years from the date of death

Who will pay my legal fees?

We can talk you through a range of flexible funding options, including:

  • No Win No Fee Agreements (also known as Conditional Fee Agreements) – under this funding option, you won’t have to pay any of our legal fees up front and if your claim is successful, we will aim to recover some or all of your fees from the defendant
  • Disbursement funding arrangements – this can cover third party costs (outside of our personal injury solicitors’ fees) while your claim progresses
  • Private funding – we can discuss our flexible fee structures with you, such as capped budgets or competitive hourly rates
  • Legal expenses insurance – we are happy to act where your legal fees are covered by an insurance policy
  • Interim payments – these payments are not to cover legal fees, but if the responsible party admits liability for your injuries early on, we may be able to claim interim payments to cover the costs of things like care and home adaptations while we negotiate the final compensation settlement

What can I claim for?

Depending on the circumstances of your case, you may be able to claim substantial compensation for things like:

  • Pain and suffering (both physical and psychological – mental health conditions such as depression, anxiety and post-traumatic stress disorder are considered just as valid as physical injuries by the courts)
  • Loss of amenity – i.e. the inability to take part in activities you previously enjoyed
  • Loss of earnings – e.g. if you have to take time off work
  • Loss of earning capacity – e.g. if you can no longer work or need to take extended sick leave
  • The costs of medical treatment, therapy, rehabilitation, home adjustments, care and childcare
  • The costs of travelling to and from medical appointments

How much compensation will I get?

The amount of compensation you may be able to get will ultimately depend on the individual circumstances of your case, the severity of your injuries and the impact on your life.

For some people, their injuries are life-changing, requiring a lifetime of care and medical treatment. In these types of cases the compensation can be substantial, sometimes amounting to millions of pounds.

For others who have less severe injuries that they will eventually recover from, the compensation is likely to be less but can still be a substantial amount.

Will I have to go to court?

With our specialist personal injury lawyers on your side, it is highly unlikely you will need to go to court. We are skilled at persuading defendants to admit responsibility early on and negotiating positive compensation settlements that cover all the injured person’s needs.

Our primary goal will be to restore your quality of life and set you up for a bright future. As part of that goal, we will take all possible steps to help you settle efficiently, avoiding the stress of lengthy court proceedings wherever possible.

However, we are also skilled at representing clients in court and we will provide clear, detailed advice if we think taking further legal action is in your best interests so you can make an informed decision about whether to take that step.

Get in touch with our personal injury solicitors today

To speak to one of our personal injury solicitors today then please ring 0208 680 5018 or contact your local Atkins Hope office in CroydonMedway or Blackheath.