Tuesday, 26th September 2017

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Courts & Tribunals

Compensation Claims



Your Estate Agent and Solicitor

under one roof Stevenson & Marshall - making life easier

Injured through no fault of your own?

Let us get the compensation you deserve

We handle all personal injury cases, including:

If you think that you may have a claim for compensation for a personal injury, even if it does not fall into any of the above categories, please contact us as soon as possible to arrange an initial consultation.

As your lawyer, our focus is obtaining the maximum damages for you, consistent with the nature of your injuries and losses.  We can advise you on the value of your claim and negotiate with other parties and insurance companies on your behalf.

Frequently Asked Questions

Compensation for personal injuries

How do I know if I have a personal injury claim? [+]

You must have suffered an injury to your person or property AND your injury must have been the result of someone else’s negligence or fault. It is not always necessary to have a physical injury - you may be able to base your claim on a other types of loss as well.

What damages can I claim as a result of my personal injury? [+]

The most common forms of compensation include payment for:

- Pain & Suffering
- Medical Bills
- Property Damage
- Lost Wages
- Emotional Trauma
- Physical Disability
- Mental Disability

Why do I need a solicitor to represent me? [+]

Your solicitor aims to obtain the maximum damages for you, consistent with the nature of your injuries and losses.

What is the time limit for me to make a claim for injuries? [+]

There are a number of different rules. The time limits for injuries children are longer than those for adults. In most cases you have three years from your injury to raise court proceedings for compensation after which time you will receive no compensation.

But the time limit is sometimes shorter, for example in criminal injuries compensation cases (see our factsheet Criminal Injuries Compensation on this page). Time limits depend on the circumstances of each case - so you should get legal advice as soon as you can after the accident or incident which caused your injury.

Do you handle cases for children? [+]

Yes, our solicitors often act for children. The time limits for claims are different for children, so it is important to contact a solicitor to investigate a child’s claim, even if the accident occurred some years ago.

What are the issues that typically arise in making a personal injury claim? [+]

- Liability - who is at fault and to what degree

- Damages - the value of the injuries or losses that were caused by the accident

- Insurance Coverage - is the individual responsible insured

How much compensation will I receive? [+]

This depends on the circumstance of the incident, and on the nature, extent and duration of injuries, economic losses (including lost wages), disfigurement, whether you were partly to blame, and on a host of other considerations. While our professionals can evaluate the probably value of your case, no precise method exists for predicting how much an injured individual will recover in a given case.

Will my case go to court? [+]

The majority of claims are settled without a court appearance. However, our solicitors prepare all cases in the same way, on the basis that if a reasonable and fair settlement cannot be reached, we are prepared to take the matter to court in necessary.

What can I do if I was injured in a road accident by an uninsured driver? [+]

All motorists are required to have insurance, but there are still drivers on the road who do not have insurance. If you are the victim of a negligent uninsured or untraced motorist, you may be able to claim compensation from the Motor Insurance Bureau. We can advise you about making such a claim.

Criminal Injuries Compensation

When may I be eligible for Criminal Injuries Compensation? [+]

  You may be eligible for Criminal Injuries Compensation if:

  - You were injured in an act of violence in Scotland, England or Wales even if the individual responsible has not been convicted of, or even charged with that crime.

  - You have been injured seriously enough to qualify for the minimum award (£1,000).

  - You have made your application within two years of the incident that caused your injury.

  However, your application may be accepted outside this time limit if

  - - You were a child at the time of the incident

  - - the two year period runs from the date of your eighteenth birthday OR - It wasn’t reasonable for an application form to have been submitted within two years of the incident.

But you may NOT be eligible if: [+]

- You were injured before 1 August 1964.

- You have already applied for compensation for the same injury.

- The injury happened before 1 October 1979 and you and the person who injured you were living together at the time as members of the same family in the same household.

- The injury and the act of violence took place outside England, Scotland or Wales.

How do I apply for Criminal Injuries Compensation? [+]

You apply to the Criminal Injuries Authority (CICA). There is an application form to complete. Although you can obtain and complete the form yourself, you may wish to take legal advice about the process.

We can complete and submit the form for you, and advise you about any offer of compensation made to you.

What compensation might I get? [+]

You can apply for several types of compensation - for an injury to yourself as a result of a violent crime; for the death of a close relative as a result of a violent crime; for loss of earnings (if you lose earnings for more than 6 months); and for some types of other expenses. You should ask for our advice about what type of compensation to apply for.

Are there any other things to consider? [+]

Yes. In deciding on compensation, the CICA will look at all the circumstances of the incident and your own circumstances.

This includes whether or not you have any criminal convictions, whether or not the incident was reported promptly to the police, whether you co-operated with the police and whether you were under the influence of drink or drugs at the time of the incident.

If any of these apply to you, you should certainly get legal advice from us before you make an application.

What if I was injured in another country? [+]

You still may be able to get compensation. You should ask us or visit the website of the CICA at http://www.cica.gov.uk/Can-I-Apply/Injured-in-other-countries

Courts and Tribunals

Courts and Tribunals

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