Personal Injury
SP Law: The Accident Compensation Specialists
Claiming compensation
Over three million people are injured in accidents each year. In many cases, someone else or something else is at fault and the accident victims have a right to compensation.
The following are some common situations from which claims for compensation often arise:-
- Road traffic accident in which you are driver, passenger, cyclist or pedestrian. Please note that you can still claim compensation even if you are the victim of an uninsured or untraced (‘hit and run’) motorist.
- Accident at work.
- Slip/trip on a pavement or in a public place e.g. supermarket.
Although personal injury law is complicated, with the help of SP Law Solicitors, the process of making a claim can be quite straightforward.
We offer a free initial consultation and will be able to tell you if you have a justifiable claim. If we advise you to bring a claim, we can work for you on a ‘no win no fee basis’.
So call SP Law Solicitors today on 01604 638 905 and get clear advice upfront on the true risks and benefits from an accredited local solicitor.
Expertise
Our Mr Hassan Shah is a qualified solicitor and member of the Association of Personal Injury Lawyers (APIL).
APIL was established in 1990 by a group of lawyers working on behalf of personal injury victims and now has over 5,000 members. APIL campaigns for better laws to help people who are injured or become ill through no fault of their own. APIL is an independent, not for profit organisation providing accreditation to lawyers specialising in the area of personal injury law. This accreditation shows an APIL lawyer has achieved a specific standard. Our Mr Hassan Shah has attained APIL ‘Litigator’ status.
Covering your costs
In general terms, there is no longer any legal aid available for personal injury cases in England & Wales. In any event, if your case is successful, the defendant should pay your legal costs. This is because under English Law the losing side pays the winning side’s reasonable legal costs as well as their own.
The question is: What if you lose? If you have a pre-existing policy of legal expenses insurance, this may cover your legal fees and expenses and those of the defendant (i.e. the person you are holding responsible for your accident).
Alternatively, SP Law Solicitors will work for you on a ‘no win, no fee’ basis. This means that if your claim is unsuccessful, we will not charge you our fees. You can back this up by taking out an after the event legal fees insurance policy. This will cover our and your expenses and the defendant’s fees and expenses.
We will provide you with an oral and written explanation of our ‘no win, no fee’ agreement so that you are fully aware of its implication and are able you to make an informed decision.
What we need from you:
To establish the details of your case, we will need to know:
- The date of the accident and where and how it happened.
- The contact details for any witnesses.
- The details of your injuries, medical diagnosis and treatment.
We may also need to see:
- Proof of your loss of earnings and other financial expenses which are the result of your injury (we recommend that you retain all receipts etc).
- Documents relating to any insurance policies you have (such as household or motor insurance) or trade union membership in order to check whether the legal costs of your claim are covered.
- Any documents that can be used to support your claim, including documents from before your accident or any evidence of previous accidents in similar circumstances.
How SP Law Solicitors can help
Once you have explained the circumstances of your injury in detail, we will be able to judge:
- How likely your case is to succeed; and
- How much you might be able to claim in compensation.
We will also explain to you the legal processes involved in taking your claim further and the best way in which to fund your case.
Making your claim
The first step we will take is to send a claim letter to the defendant. This sets out the details of your injury and the circumstances in which it took place. If you need an expert opinion to support your claim – from a doctor, for example – we will suggest a relevant specialist.
The defendant then has to investigate and reply to the letter within three months. In their reply they must say whether they accept or deny liability for your injury. If they accept liability, we will try to settle the matter out of court.
Making an offer
Our solicitors will tell you what they think the value of your claim is. You can make an ‘offer to settle’ for that amount. This is known as a ‘Part 36 offer’. We will tell you whether you should make a Part 36 offer and how this would affect you.
If the defendant ‘responds reasonably’ to this offer and a figure is agreed, the matter can be settled without going to court. In some situations, the defendant may reply with their own Part 36 offer. If this happens, we will advise you what to do.
Court settlements
If the defendant fails to settle for a fair amount out of court, we will advise you on whether to start legal action. If the defendant says they are not liable for paying you compensation, we will recommend that court proceedings are started to ask the court to award you compensation.
Countdown to court
If you decide to take the matter to court, your case will be passed to a Judge. That Judge will then be in charge of the timetable for your case in court. The court will let you know the date of your hearing, and we will tell you about the preparations you will need to make.
The thought of going to court may be daunting, but it is important to remember that by this stage we will have prepared your case in detail and explained to you exactly what to expect. Then it’s just a question of waiting to hear the judgment and finding out if you have won and been awarded what you were claiming.
So call SP Law Solicitors today on 01604 638 905 and get clear advice upfront on the true risks and benefits from an accredited local solicitor.
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