FAQ

Below you will find a list of our most frequently asked questions. We hope that the answers provided will be useful to you. If you have other questions not listed below, or would prefer to speak to someone, then all you need to do is call us or fill in our online claims form and we will contact you.

How do I know if I have a claim?

You can only claim compensation for an injury if a person or organisation is at least partly to blame. They must have been careless about the way something was done, or not done when it should have been.
A personal injury can happen at work or in a road traffic accident. It may also be due to a faulty product, a mistake during medical treatment or because you tripped on a paving stone or slipped on a wet floor in a shop. It can also include an illness or condition caused by your working environment, such as contact with asbestos.

An injury may be psychological as well as physical, so you may be able to get compensation for distress or upset after an accident as well as for the physical injury.

You should get legal advice before you contact the person or organisation you think caused the injury or before replying to any letters or offers to settle your claim.

Can I claim if the accident happened a long time ago?

If you are thinking about making a claim for compensation, it is important to get legal advice as soon as you can. This is because you must start court proceedings within three years of when you were injured, or of when you first knew you were injured. After this, it will almost always be too late.

This three year limit can only be waived if the claimant is suffering from a mental disability, is under 18 or if the case involves a disease which takes a long time to develop. For example, if you are suffering from an asbestos-related disease, you would have three years to make a claim from the date you first knew about your illness and that it was linked to your work.

If you are in any doubt then all you need to do is call us or fill in our online claims form and we will contact you.

If my accident happened at work, can my employer sack me if I claim?

Your employer is not allowed to dismiss you for making an accident claim. They are also required by law to have insurance against staff accidents. This means that their insurance company will pay your compensation, not your employer.

Can I claim if my accident happened abroad?

If you've been injured while on a package tour arranged by a tour operator in England and Wales, you may be entitled to compensation, even if your accident happened abroad. If you weren't on a package tour we may still be able to help. Your solicitor will be able to give you more advice about this.

What will it cost me to claim?

Nothing. Your claim for compensation is totally free whether your claim is successful or not. Should your claim be successful, we are proud to say that we will ensure that you get 100% of your award.

What if I lose my case?

Your claim for compensation is totally free whether your claim is successful or not. Should your claim be successful we are proud to say that we will ensure that you get 100% of your award.

When will I get my compensation?

Your compensation will be paid when your claim is settled, although sometimes you might get an interim payment before this happens.

Will I need to go to court?

Most personal injury cases are settled without having to go to court. If your accident was very straightforward and the other side agrees an amount of compensation, you probably won't have to go to court. The solicitor will discuss this with you in more detail.

What are Conditional Fee Agreement's (CFA)

Conditional fee agreement's also known as 'No Win, No Fee', are methods of funding personal injury claims.

In this type of agreement the solicitors accept the risk that if a case is lost they will not be paid, but if the case is won the solicitor will claim back their costs from the responsible party, including an extra charge, known as a success fee.

CFAs are an excellent tool for those who need access to justice following an accident, but would be put off claiming should they be responsible for paying the costs.

When a Claimability solicitor takes on your claim they will need to get a signed CFA agreement from you. In order to help you understand the document and to keep the process as simple as possible we will send a representative to your home. They will discuss exactly what it is you are being asked to sign, and will deliver the documents back to the solicitors on your behalf, even saving you the cost of a stamp!

Why is my national insurance number needed?

Your national insurance number is taken by the lawyer and given to the the Compensation Recovery Unit.

The Compensation Recovery Unit (CRU) is a part of the Department for Work and Pensions.

The CRU works with Insurance Companies and Solicitors to recover:

•    Amounts of social security benefits paid as a result of an accident, injury or disease, where a compensation payment has been made. This is known as the Compensation Recovery Scheme.
•    Costs incurred by NHS hospitals and Ambulance Trusts for treatment from injuries from road traffic accidents and personal injury claims. This is known as recovery of NHS charges.

In effect, what this means is that when you successfully make a claim following your accident, any costs the NHS or the Department for Work and Pensions have incurred are paid back.

This protects every tax payer from the burden your accident can inevitably cause. When we consider the recovery of NHS charges, all monies recovered go straight back into the service, keeping our NHS a “free at the point of access” healthcare system.