Common Accident Claims questions
Our dedicated team of lawyers who specialise in accident claims have successfully handled hundreds of cases each year on a “no win, no fee” basis.
If you have been injured in an accident within the last 3 years and it was not your fault and you can prove that your injury was sustained as a result of the accident, then yes.
To be eligible to make a claim for compensation you must start proceedings within three years of when you are injured or of when you first knew you were injured. The three year limit does not apply if the person making the claim is suffering from mental disabilities. For children’s claims, the three years does not start to run until their 18th birthday.
The term brain injury professional covers a wide range of professional expertise, all of whom contribute to the recovery and rehabilitation of the individual who has suffered the head or brain injury. You can be confident that Osbornes solicitors have in-depth knowledge of these professionals including case managers, physiotherapists, osteopaths, psychiatrists and neuropsychologists; all of whom we may consult to secure you the support necessary for in the injured person and their family.
If you have suffered an injury in an accident which was not your fault, but was caused by another person’s negligence you may be able to make a claim for the pain and suffering you have been through. A personal injury can happen through an accident at work, in a road traffic accident, due to a faulty product, because you tripped on a paving stone or slipped on a wet floor and on holiday. It can also include an illness caused by your work environment such as asbestos poisoning.
Call one of our claims handlers, in confidence and without obligation. If we advise your case is valid, one of our personal injury claims lawyers will explain the process.
Each claim is different so it’s not possible to give you an exact answer until your claim has begun. By way of guidance a relatively straightforward personal injury such as a basic fracture can be settled in six to eight months. A common case of whiplash may be settled in a matter of weeks. If the claim is more serious than this the obviously settlement may take longer. Of course if the defendant does not admit blame then this will also lengthen the process from start to finish.
We aim to get you the maximum compensation for injury claims. The amount varies with individual cases. Call our claims handlers to discuss what your claim could be worth.
The amount you receive will depend on the seriousness of the injury. In most cases however you will receive 100% of the compensation.
Under the no win, no fee system, if you are eligible, you will not be liable to pay legal fees. Our costs are paid by the defendant so you keep 100% of your compensation.
You will not be asked to pay any of your lawyer’s fees out of your own purse or out of your compensation. All legal fees will be recovered from the other party or more likely their insurers. Even if you lose your accident claim for compensation you will not have to pay the other persons costs.
A fracture to the leg can be extremely painful and can have far reaching consequences on your everyday life. If you fractured your leg in an accident you may be entitled to claim compensation for the pain and disruption it has caused. Compensation for what is deemed as a minor leg injury starts at £1,000, rising from between £6,000 to £10,000 for a femur fracture, where you make a full recovery. Compensation for a multiple leg fracture is between £18,360 to £25,750. This figure can go up to £60,000 for a leg injury resulting in a permanent disability.
I have a claim against my employer but I’m worried about geting the sack from work if I make an accident claim
Accidents at work tend to be dealt with by your employer’s insurance company and not your actual employer. It is therefore unlikely that any personal action will be taken against you. If there are any ramifications from you making a claim you may think about seeking advice from an employment solicitor.
I have been experiencing long term chest pain as a result of an accident – can I make a claim for compensation.
Various types of accident can lead to chest injury and pain including road traffic accidents, trips and slips and accidents at work. The injuries you may sustain vary from minor bruising to rib fractures and crush injuries, lung damage, liver or spleen injuries, fracture to the breast bone and damage to the heart. All of these injuries can lead to long term chest pain and an individual suffering from these symptoms may be eligible for compensation. The level of compensation you can expect to receive when it comes to any chest pain is often difficult to quantify. No two cases are the same and the individual circumstances of a case have to be taken into account. The amount of compensation you may receive will depend on the effects the injury has had on the life of the injured party, including their capacity to work, enjoy life and their life expectancy. By way of a guide a simple fracture to the ribs causing serious pain over weeks or months, but where a full recovery is expected to be may attract compensation of up to £3,450.00. On the other end of the spectrum serious heart or lung damage where the individual will have to live with constant pain and which will alter the person’s way of life can attract compensation up to £96,000.00.
A slipped disc is where one of the discs in the spine ruptures and the gel inside leaks out. This can cause back pain as well as pain in other areas of the body. If you suffered a slip disc in an accident which was not your fault then it may be possible to claim compensation for the pain and upset this injury has caused. The amount of compensation you can expect to receive varies; as a guideline however, compensation for a minor back injury is up to £8,250. For moderate injury this increases up to £25,500 and for an injury which is deemed to be severe you may be eligible for up to £111,000 in compensation.
Bruise injury compensation can be awarded but is often not claimed, as the sufferer may feel that bruising alone is not sufficiently serious enough to make a claim for compensation. The value of an injury claim must be over £1,000.00 for us to be able to offer a no win no fee agreement. Bruising can however last for weeks or months, and the temporary discoloration can seriously affect an individual’s self-esteem. The underlying tissues can take a long time to heal if they also have been damaged in an accident, and bruises can be hiding or lead to a much serious injury. Along with a bruise there is usually always pain and tenderness and in the case of bruising to the face it can make breathing, eating and drinking difficult and painful.
If you have suffered whiplash as the driver or passenger of a car in an accident which was not your fault then you may be entitled to receive compensation. Whiplash injuries involve the tearing and the inflammation of the soft tissues around the spine. Duration of your symptoms can last up to anything from a few days to several months. In most cases physiotherapy will resolve these symptoms, however in some exceptional cases treatment is unresponsive and whiplash syndrome can develop. Minor whiplash symptoms start at a few hundred pounds and most settle for between £1000 and £3000 in general damages. If you have suffered from severe whiplash compensation can begin from £16,000.00.
Yes you still can make a successful claim. If you are held to be partly to blame however your commendation may be reduced by the percentage you are deemed to be at blame. Sometimes a person may think they are partly or even fully to blame for an accident when in reality they are not. This often applies in accidents at work when unbeknown to the injured person; their employer may have broken some legal duty under the health and safety legislation.
I was involved in a road accident and the other driver rurned out to be uninsured – can I still make a claim for compensation?
You can indeed but your claim will be against the Motor Insurers Bureau. This is the body set up by the insurance industry to handle claims against uninsured drivers. There are some differences on how claims are handled, however you still receive compensation for any injuries sustained.
I was involved in a road accident but I don’t know who caused the accident – can I still make an accident claim?
With claims against untraced drivers, commonly termed hit and run accidents, you will not know who caused the accident. With these claims it is not possible for us to recover our legal costs from the other side. This being the case we will recover our legal costs out of your compensation settlement.
No, by contacting us you are under no obligation to instruct us, but contacting us will allow you to talk to one of the lawyers who would be working on your behalf. During this conversation we will be able to explain the whole process to you and inform you what the time frame involved might be and what we would do to ensure you or the person injured received the maximum amount of compensation available and the best medical treatment going forward. After that it is up to you to make a final decision.
You will not be charged for this initial conversation
We have streamlined the claims process to make it more easy. For whiplash injury claims or other personal injury claims, we can help you get the compensation you deserve.
In most cases, you must make a claim within 3 years of the accident. The sooner you call us, the sooner we can obtain the evidence we will need to prove your case.
If you have suffered an internal injury from an accident which was not your fault then you may be able to claim compensation. Internal injuries cover a wide range of injuries from organ damage, industrial disease and even food poisoning. One of your organs may have been damaged due to a penetrating injury in a road traffic accident or accident at work; an industrial disease injury may have been caused by exposure to a toxic substance such as asbestos. Food poisoning cases symptoms are often short lived and so the value of a claim rarely exceeds the low thousands of pounds. Once our specialist personal injury solicitors know the exact nature of your internal injury we can better inform you of what likely compensation you may receive.
The following list is a guide only. Please ask for further details.
• Pain, suffering and loss of amenity
• Loss of earnings and career
• Care and therapy
• Accommodation and adaptations
• Special equipment
We cover personal injury claims for road and work accidents, slips and trips in public places, motorbike, cycling and other accidents.
A neurologist is a medical doctor who specialises in diagnosing and treating damage and disease to the brain. A neurologist performs neurological examination of the nerves of the head, muscle strength and mobility and all other cognitive abilities which may have been affected because of a brain injury. A neurologist will make recommendations for treatment and make referrals for therapy and medication.
Osbornes solicitors will instruct consult a neurologist on your behalf and work closely with him or her as this is usually the lead expert whose evidence is central to the claim.
The role of a brain injury case manager is to work with individuals who have sustained a serious head injury and make sure that they and their families continue to receive all necessary rehabilitation and support, enabling them to live as independently as is possible in their individual circumstance.
The case manager will be identify the needs of the individual and will in most cases write a report setting out what care will be needed and where it will originate from – such as the NHS, private rehabilitation services and social services.
On instructing Osbornes solicitors one of the first things we will do is look to appoint an experienced case manager.
An injury may be psychological as well as physical. You may be able to claim compensation for distress or upset after an accident as well as the physical injury. You can also claim for the losses and expenses that you incurred due to the accident. Such expenses may include car repairs, loss of earnings, care required because of the injury, travelling expenses.
You will normally receive 100% of the compensation for your claim. Our claims handlers will be able to give you full information about any costs involved.
Not you! If your claim is successful the other side will pay our legal costs.
Our lawyers have years of experience pursuing personal injury claims with specialist knowledge of whiplash injury claims. We support you fully, and deal with the administration.
In our experience it is highly unlikely that you will need to go to court. Involving the court is expensive for both sides and we therefore do our best to settle the claim, getting you the most compensation we can before going to court. Of course there are some claims which do go to court, however it is very rare to see a case going to full trial.
Osbornes solicitors offers ‘no win no fee agreements’ which protects you against paying our costs if you lose. This means that regardless of whether you win or lose your claim you pay nothing.
If you need answers to any further questions about making personal injury claims, please pick up the phone and talk to one of our claims handlers. All calls are confidential and without obligation.