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ACCIDENT CLAIMS FAQ

Below are some of the questions we are most commonly asked about making a claim for compensation. Please click on a question to see the answer. If the questions you want to ask is not listed, please contact us for more information.


Can I make a claim?

If you have been injured in an accident caused by someone else’s negligence and/or breach of a statutory duty then you may be able to make a claim for compensation.

If you are unsure whether another person was responsible for your accident then telephone us for a free – no obligation consultation and we will assess whether you have a valid claim.

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When should I make a claim?

Most personal injury claims have a limitation period of 3 years from the date of the accident or the date of knowledge of your injury. After that time you will become statute barred from making a claim. Our advice is to always start your claim as soon as possible.

In cases involving children the 3-year limitation period starts to run from the date of their 18th birthday and the claim must be settled or proceedings issued at court on or before their 21st birthday.

If you have suffered injury as a result of a violent crime and making a claim through the Criminal Injuries Compensation Authority then the limitation period is 2 years from the date of the injury.

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How much will it cost me to make a claim?

If you do not have the benefit of any legal expenses insurance to fund your claim then we will carry out the work on a ‘no win – no fee’ basis. This means that if we are unsuccessful with your claim we will not charge you for the work we have carried out on your behalf. If we are successful with your claim then we will charge our costs, disbursements, VAT and a success fee. We will recover our costs, disbursements and VAT from your opponent if your claim is successful and our success fee (if any) will be deducted from any compensation awarded to you.

In cases where liability is denied and litigation is being entered into, we advise all client’s to consider taking out an insurance policy to provide cover in the event that the claim is unsuccessful and some costs and/or disbursements become payable. The insurance policy does not have to be paid for until conclusion of a claim and will be deducted from any compensation recovered. If the claim is unsuccessful then the insurance policy is self-insured so will pay for itself as well as any other costs or disbursements which are payable by you.

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How long will my claim take?

There is no set timescale in which claims settle but most claims can take anything from 3 months to 2 years depending on the severity of the injuries suffered, the amount of time it takes you to recover and whether the Defendant has admitted or denied liability.

High value claims can sometimes take several years to settle.

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How much compensation will I get?

The level of compensation you are awarded will depend on the severity of your injuries, how long it takes you to make a recovery and whether you will suffer any long-term disability as a result of your accident. There are several factors that need to be taken into account and no accurate value can be put on a claim from the outset until all the above questions have been answered.

If you have not made a full recovery from your injuries you should wait until you have before settling your claim as to settle beforehand could mean you under settle your claim.

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Will I have to go to court to claim compensation?

It is very unlikely that you will have to go to Court. Most cases usually settle through negotiation between both parties.

If your claim does proceed to a trial we will guide you throughout and instruct a Barrister to represent you at trial.

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Can my child make a claim for compensation?

Children under the age of 18 years can bring a claim but will need a Litigation Friend to act on their behalf. Anybody can act as a litigation friend providing there is no conflict of interest.

All children’s claims must be approved by the Court who ensure that all parties have acted in the child’s best interest and a fair settlement agreed on their behalf. Their compensation is usually held by the Court and invested until the child reaches the age of 18 years.

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I was a passenger in someone else’s vehicle. Can I claim?

Yes. If your injury was caused because of somebody else’s negligence it does not matter whether you were a passenger in a car, a bus or any other public transport, you may still be entitled to claim compensation.

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Can I claim if I was injured in a ‘hit and run’ accident?

If you cannot identify the driver of the vehicle which caused your injuries or the other driver was uninsured, then you can make a claim for damages through the Motor Insurer’s Bureau.

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Somebody was killed in an accident. Can a claim be made?

In cases involving fatal injuries a claim may be brought on behalf of the victim by the Executor or Administrator of their estate.

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I was injured in a violent crime. Can I claim compensation?

Yes. In cases where you are unable to pursue a claim directly against your attacker a claim may be brought through the Criminal Injuries Compensation Authority.

If you did not suffer physical injury but witnessed a violent crime against somebody with whom you have a close relationship and suffered psychiatric injury as a result, you may also be able to claim compensation as a secondary victim.

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What steps should I take next?

Telephone us on 0333 577 0215 for a free consultation and assessment of your claim. Alternatively submit your details through our call back request and we will contact you at a time suitable for you.

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