At CAPA LAW Solicitors, we understand that making a claim can be daunting and it’s likely that you will have many questions. Don’t be afraid to ask them – it’s your case after all and we never tire of answering them. Personally, we like it when our clients ask questions. It shows us you are interested and invested in your claim and more likely to engage with the process, so please, ask away. Here are some frequently asked questions and answers.
1. Can I make a claim?
If you were involved in an accident that was not wholly your fault, then you may be able to claim compensation. Contact CAPA LAW as soon as possible after any accident to discuss the details. We will provide our professional opinion on the merits of your claim before you decide whether you wish to proceed.
2. Are there time limits for making a personal injury claim?
Yes. The general rule is that a claim must be made within 3 years of the accident/incident. There are exceptions to the rule and the correct limitation date may not be immediately obvious if for example your injuries have occurred over a period of time. For that reason, we recommend that you speak to CAPA LAW for our professional advice as soon as possible.
3. What if I am partly to blame?
If a defendant alleges that you are partly to blame for an accident, it does not mean that your claim fails. It simply means that, if accepted, your damages will be discounted to the extent that you are held to blame. So, for example if you are held 25% to blame, you will receive 75% of the value of your damages. This is what’s known as contributory negligence.
CAPA LAW will assess the evidence and advise whether contributory negligence is likely to be relevant in your claim.
4. What can I claim for?
Compensation falls into two distinct categories – General damages and Special damages. General damages are awarded for the injuries sustained and how they affect your life. Special damages are any financial losses arising from the accident itself or your injuries for example, cost of vehicle repairs, loss of policy excess, replacement car costs, loss of earnings, cost of treatment, care etc.
5. How much is my claim worth?
The value of your claim depends on a many factors including the type of injury sustained, length of recovery, risk of complications in the future, presence of pre-existing conditions, age, absence from work, affect on future employment capacity, affect on hobbies etc. Each case is different. The first step to valuing your claim is to obtain a medical report. CAPA LAW work with a team of experts to achieve the best settlement for you.
6. What if I have suffered psychological injury?
Psychological injury is processed in much the same way as a physical injury. The starting point is to obtain medical records and a medical report.
7. How long will my claim take?
It’s difficult to tell at the outset how long a case will take from start to finish. The length of time it takes to settle your claim depends on two key factors, liability and how long it takes you to recover from your injuries. CAPA LAW Solicitors are experienced litigators and will advance your claim as quickly as possible to ensure the best settlement possible.
8. How much will the claim cost?
There are different ways to fund a personal injury claim. Generally, claims are conducted on a no win no fee basis. CAPA LAW Solicitors will discuss funding options with you to help you decide on the best way forward.
If you have a question about making a claim or your claim generally, CAPA LAW Solicitors are happy to help. Committed to a premier service, we provide professional advice and support throughout the entirety of your Personal Injury claim.
Comments