Major trauma – your key questions answered

How will the claim be funded?

Most of the work we carry out for our clients tends to be funded through a conditional fee agreement (commonly referred to as a “no win, no fee agreement”). There are, however, different funding options available, which we’ll be happy to discuss with you.

What if I was injured by an uninsured or an untraced driver (a hit and run)?

The Motor Insurers’ Bureau (MIB) is a non-profit company set up by motor insurers to compensate victims of both uninsured and untraced drivers. If you or a family member have therefore been involved in an accident with a driver who is not insured, or who leaves the scene you may still be able to claim compensation from the MIB.

We can assist you in making a claim against the MIB and advise you on the process.

What if I have been injured due to a criminal act?

The Criminal Injuries Compensation Scheme is a government-funded scheme intended to compensate the innocent victims of violent crime, whose lives have been seriously disrupted through no fault of their own. If you or a member of your family has suffered major trauma as a victim of a violent crime, whether physical or psychological, you may be entitled to claim for compensation.

There are very specific conditions and time constraints which determine whether claims are considered, but we will advise you if you are eligible to claim under the scheme.

What if I live far away from your offices?

We have a number of offices In London, Surrey and Hampshire. But, wherever you live, if you have a serious injury, location or distance is no barrier to us acting for you. We act on behalf of clients all over the UK. We also act on behalf of clients who live in foreign countries and who were injured on a visit to England or Wales.

What if I can’t remember what happened?

It may be that, because of the injuries you suffered, you have no recall of the accident. This is particularly common where clients have suffered a brain injury. This should not prevent you from bringing a claim. In most cases, there will be evidence to show how the accident occurred. There may be witnesses, CCTV or dashcam footage. In the case of a serious road accident, the police will normally attend and compile a Collision Report.

What is the time limit to bring a claim?

There is a time limit (‘limitation period’) that applies to personal injury cases. This is normally three years from the date of the accident. This is strictly enforced by the courts. This can be later in some cases, for example where you did not know that your injury was caused by someone else’s negligence or did not know the identity of that person, in which case the time limit is three years from the date on which you should reasonably have known this. However, either way, we would always strongly advise someone to contact a solicitor as soon as possible and not leave it until the end of the three year period.

The time limit for Criminal Injuries Compensation cases is 2 years, but the Criminal Injuries Compensation Authority advise that one should apply as soon as it is reasonably practicable to do so.

Other time limits apply to certain other cases. For example, if you have an accident onboard an international flight, the Montreal Convention normally applies and this imposes a time limit of two years.

Other countries often have shorter time limits that England and Wales.

How long does the whole process take?

This can vary considerably and depends upon a number of factors. However, where the injured person has suffered a significant injury, we might expect the case to last anywhere from three to five years (although this may be shorter). One of the most important stages in a personal injury case is arranging for the injured person to see independent medical experts, who provide reports on the various injuries and give a prognosis (setting out what the future holds for the injuries).

The experts will not normally be able to give a reliable prognosis if they see the injured person too soon after the accident and before their treatment is complete. We always progress cases as efficiently as possible, but at the same time if the case is settled before all the relevant information is available, there is a risk that they could receive less compensation than they are entitled to. In many cases (and particularly where the Defendant has admitted liability for the accident), we are able to secure funding for rehabilitation and support for our client in addition to ‘interim payments’, which are basically payments on account of their final compensation.