FAQ

Unsure about the claims process or about how pursuing a claim for personal injury will affect you? Please find a list of frequently asked questions below. If you have any questions which are not on our list please feel free to contact the team directly.

How do I know if I have a claim?

We appreciate it can be difficult to understand whether or not the injury you have suffered gives rise to a claim for damages.

There are certain legal standards which any action must satisfy in order to have reasonable prospects of success. In addition to this Claimants are often expected to prove certain things before a claim succeeds.

We are more than happy to answer any queries you may have in relation to the merits of your case. We offer free initial advice relating to prospective clients and endeavour to answer your questions promptly.

If you think you have suffered an illness or injury which may give rise to a claim for personal injury please contact our team on .

How long will my claim take?

It is very difficult to predict at the outset of a claim exactly when we will win the claim. The time it takes to pursue a claim for personal injury will vary dependent on the circumstances of the accident and the seriousness of the injuries suffered.

Most Road Traffic Accident Cases can be settled within a matter of a few months providing the injuries are not too serious. RSI claims and other more complex and serious injury cases are likely to take years before a settlement can be reached.

How much will I have to pay?

In the vast majority of personal injury claims, the answer to this question is, nothing!

In most cases, we recover our costs from the other side in the event that your claim is successful. If your claim is not successful then you may be responsible to pay the reasonable costs of the other side. However, we make sure that all of our claimants have insurance to protect you from having to pay anything win or lose. For more information about the costs process of a personal injury claim, take a look at our “No Win, No Fee” page or get in touch on so we can explain the finer details of the costs involved in a personal injury claim.

How much am I likely to get?

The value of a claim is decided on its own facts. It is often only possible to accurately value a claim for injuries when a medico-legal report has been compiled by an independent medical expert we will instruct once the claim is underway.

Once we have a report from a medical expert we can use the information they provide to compare your case with similar case law and judicial guidelines to provide a more accurate valuation.

A claim for personal injury compensation is divided into two main categories:

1. General Damages

This “head” of damages relates to those aspects of a claim for which a price tag does not exist. The pain a claimant suffers falls under this category and to value this aspect of a claim we need to know the extent of an injury; the severity of an injury; the duration of symptoms and how the injury has impacted upon the life of a claimant. For example, someone with an active involvement in sports is likely to recover more from a whiplash claim than someone with no physical hobbies.

2. Special Damages

As well as compensation for pain, suffering and loss of amenity it is also possible to process claims for any financial losses or extra expenses incurred as a direct result of an accident or injury. Common expenses claimed for include the cost of travel, loss of earnings and the reimbursement of medical expenses incurred solely as a result of the negligence of another.

To find out more about how we help you value your claim accurately take a look at our page detailing the valuation process.

How long do I have to make my claim?

The amount of time you have to bring your claim is dependent on a number of factors, including your age at the time the accident or injury took place, the location of the accident and your knowledge of the injury suffered. Please see the table below for further information.

Scenario Time Limit
An accident in the workplace 3 Years from the date of accident
Road traffic accident 3 Years from the date of accident
Any accident where the claimant is under 18 3 Years from the Claimant’s 18th birthday
Accidents Abroad 3 Years from the date of accident
Accidents aboard a ship 2 Years from date of accident
Accidents on board a flight 2 Years from date of accident
A claim for repetitive strain injury 3 Years from date of knowledge
Claims following fatal accidents (Dependants) 3 Years from the date of the accident. (However if the deceased died before the expiration of the limitation period then a claim can be brought three years from the date of death or three years from the date of the dependants’ knowledge).
Claims following fatal accidents (the Deceased’s estate) 3 Years from the date of the accident. (However if the deceased died before the expiration of the limitation period then a claim can be brought three years from the date of death or three years from the date of the knowledge of the personal representative).
Assault cases 3 Years from the date of the incident if claiming through the CICA, 6 years if pursuing the assailant through the civil courts.

The time limit to a claim is referred to as the “Limitation Period” and whether a claim is brought within the limitation period can be a relatively complex area of the law. The courts have discretion to disapply limitation periods in certain circumstances but usually if a limitation period expires, this will be an end to your right to claim compensation.

If your claim is close to being time barred there is nothing to prevent you from attempting to pursue the matter further. At JS Miller Solicitors we have a history of taking on cases which are close to limitation and succeeding in achieving a just settlement for our clients, so we may be able to help you beat the clock.

If I bring a claim against my employer am I likely to be sacked?

No. Employers are prohibited from summarily dismissing employees who are pursuing a genuine grievance against them. Most claims for accidents in the workplace will be covered by your Employer’s Insurance policy, meaning that they don’t have to pay for any damages you receive and will not be left out of pocket as a result.

If you bring a claim against an employer who then uses your action as an excuse to terminate your employment we can put you in touch with expert employment lawyers who will be able to advise you with regards to any potential claim for unfair dismissal.

Will I have to go to court?

It is very unlikely that you will have to attend court as a result of pursuing a claim for personal injury. Most claims are settled out of court with only a small percentage ever reaching a formal trial.

Many cases are settled before it is necessary to involve the courts. However, if it is in your best interests to issue court proceedings it is still very unlikely that your case will proceed all the way to trial. Negotiated settlement is often seen to be the most appropriate course of action by all involved parties given the greater certainty that reaching such an agreement represents.

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