The Marshall & Galpin Guide to Accident Claims

The following will give you an idea of the things that we have to do during the course of a claim, and the things that we ask you to do. There will of course be any number of additional steps to be taken depending on the type of claim you have.

Questions & Answers

1.	How much will it cost me to make a claim?

	We will give you free initial advice. We will advise you on the options for funding at the start of the claim. You may have a legal expenses policy already under your motor or house insurance which will cover your claim. If not, where there are good prospects of your claim being successful, we will act for you under a ‘no win no fee’ agreement (ie. a Conditional Fee Agreement). We can arrange for insurance cover to be set up backed by the RAC, so that if your claim is unsuccessful, you will not have to pay any costs. If the claim is successful, our costs will be paid by the Defendant. We guarantee that you will receive 100% of any compensation we recover for you.

2.	How long will my claim take?

	Some claims can be finished within a few months. Others take longer. For instance there may be a dispute about liability or we may need to wait until all your treatment has finished before we know whether you are going to make a complete recovery. This will determine the point at which we are able to tell you how much your claim is worth.

3.	How much money will I receive?

	This depends on various factors. When advising you on the value of your claim, we will take into account the seriousness of your injuries, how long your symptoms last and whether or not you will make a complete recovery. We follow published guidelines and also awards given by Courts in similar cases when advising you about how much you are likely to get. In addition to the money you receive for your injuries, you are entitled to be reimbursed for many of your expenses and losses incurred as a result of the accident. We will advise you about these as the case progresses and, where possible, obtain an interim payment.

4.	Is there a time limit for making a claim?

	The basic rule is that any Court proceedings have to be started before the third anniversary of an accident. If you are the victim of a deliberate injury, the claim to the Criminal Injuries Compensation Authority has to be made within two years of the incident.

5.	Will I have to go to Court?

	This is very unlikely. Most cases settle amicably without having to issue Court proceedings. If we do have to issue proceedings in your claim, we would still probably be able to negotiate an amicable settlement without the need for you to attend Court.

Legal Words Explained

Liability		Blame for a wrongful act. A person can be liable as a result of a negligence act (see below) or through being in breach of a duty owed under an Act of Parliament.

Negligence		This is not simply a careless act. To prove negligence, there must have been: · a ‘duty of care’ owed to you by the Defendant, · a breach of that duty, a failure to act according to the legal standard of care and · damage suffered by you, which was caused by this breach.

Third Party or Defendant		A term referring to the person you are claiming against. This may be an individual, a company or a local authority, to mention a few possibilities. If Court proceedings have to be issued, the “third party” becomes known as the “Defendant”.

Damages		An award of money compensation.

General Damages		Losses which cannot be calculated by arithmetic, such as injury damages for pain and suffering.

Special Damages		Losses which can be calculated by arithmetic. This includes all claims for financial losses, both past and future, including loss of past and future earnings.

Quantum		How much: the amount of damages.

Letter of Claim		An important document in which the circumstances giving rise to the claim are set out and the precise reasons for alleging that the Defendant is at fault. This is sent to the Defendant at the start of the claim.

Interim Payment		This is a payment on account. Rather than waiting until the end of your claim to receive all your damages, you can probably receive some payments earlier on provided that liability is admitted. Most frequently, these payments will reimburse you for particular expenses such as the policy excess payable in a road accident claim, or the cost of physiotherapy treatment.

Medical Expert		A suitably qualified medical practitioner we will select and ask to examine you, review your medical records, and then prepare a detailed medical report. This will usually be a GP or consultant and will be an independent practitioner, not someone who has been treating you. The Defendant is also allowed to choose their own expert. Whether preparing a report at our request, or at the request of the Defendant, the medical expert is obliged to give an objective, unbiased opinion.

Medical Report		This is a crucial document in an accident claim and forms the basis for working out how much money you should receive. It contains the medical expert’s findings on examining you, outlines your medical history pre- and post-accident, gives recommendations for treatment, if relevant, and gives the expert’s opinion about how long your symptoms are likely to last, if you have not already made a complete recovery.

CPR		This refers to the Civil Procedure Rules 1998 which brought radical changes to the way that injury and other claims are conducted (also known as the Woolf reforms).

JSB Guidelines		Published guidance on the level of injury damages compiled for the Judicial Studies Board which is the training body for Judges.

Limitation		The time limit for bringing a claim. The rules of limitation are complex, but in accident claims the basic rule is that a claim must be started within 3 years from the date of the injury. The time limits are different for children or incapable adults.

THE MARSHALL & GALPIN GUIDE TO ACCIDENT CLAIMS

Basic Steps In A Claim

For Us To Do

How long will my claim take?