As you will see from the other pages on this site, which deal with the various types of personal
injury claim which you can bring, the answer to this question is (without exception) that the sooner
you bring a claim, the better.

Time Limits for personal injury claims are set by the Limitation Act 1980.

In respect of injuries which occur from a single traumatic incident (such as an road accident or
an accident at work) the basic rule is that Court proceedings have to be issued within 3 years of the
date on which the injury occurred. If a person doesn't’t initially think that they have been injured as a
result of an accident, then this 3 year period may not commence until they actually become aware
that they are suffering from an injury caused by the accident.

For example, Mr A may be involved in a road accident, and suffer a severe blow to his head, but not
actually notice any form of injury at the time of the accident. 6 months later, he may start to suffer
from headaches, and as a result undergo tests which show that he has suffered some form of
brain damage, caused by the accident. In these circumstances, Mr A would have to bring Court
proceedings within 3 years of the date on which it would have been reasonable for him to have
made the connection between his symptoms, and his accident.

Things get slightly more complicated in relation to industrial disease claims. The symptoms of
most industrial diseases develop over time, little by little. The Limitation Act 1980 recognises, in
these circumstances, that there is very rarely a specific date when a person realises that they may
have an industrial disease. It is usually a process of slow realisation. So when does the 3 year
period begin, for these types of claim ? The Limitation Act 1980 states that a person has 3 years
from their “date of knowledge” to bring a claim.

This is the date when the person either realised, or should have realised, that they were suffering
from some form of medical condition caused (in the case of industrial diseases) by their work.
Unfortunately, the Limitation Act also states that the 3 year period will begin to run in these
circumstances, even if the person in question is not aware of the 3 year deadline to bring a claim
or their right to bring a claim generally. It is very rare for this “date of knowledge” to be the date on
which the industrial disease is actually diagnosed.

Once the 3 year period has passed, a claim becomes “statute barred” (out of time), and although
the Court still has a discretion to allow a claim to go ahead, this discretion is rarely exercised in
practice. So if the time limit is missed, it is likely that any right to compensation will be lost.

For this reason, it is essential that those who believe that they may have a personal injury claim,
sek legal advice as soon as possible. Any delay (for whatever reason) may result in the claim
becoming worthless. It is also important to note that the 3 year deadline relates to the issuing
of Court proceedings, NOT the instructing of a solicitor. A solicitor will need to be instructed as far
in advance of the 3 year deadline as possible, in order to be able to prepare your case fully and
advise you as to whether it is actually worthwhile bringing Court proceedings at all. Some firms will
refuse to take on claims which have only a little time to go before the 3 year period expires.

OUR ADVICE , THEREFORE, IS THAT IF YOU THINK YOU MAY HAVE A CLAIM, SEEK LEGAL
ADVICE IMMEDIATELY

• We will meet with the Client (often for an initial free 30 minute interview), to find out the
  background to their potential claim, and to obtain all of the information which we require to
  advise whether we believe a valid claim exists, and how such a claim can be funded. If we
  do not feel that the claim has a reasonable prospect of being successful (i.e. at least a
  51% chance) then we will advise the client of this, and matters will progress no further.
  If we advise that the claim is worth pursuing, and the client wishes to go ahead, the
  following steps will then also apply.
  
  
• We will put in place any necessary funding arrangements (such as a No Win No
  Fee Agreement).
  
  
• A formal letter of claim will be sent to the relevant Defendant, setting out details of the
  client’s injuries, and why we believe that they are liable in law for those injuries. This
  letter will usually be forwarded to the Defendant’s insurers.
  
  
• The Defendant’s insurers will have at least 3 months (in most cases) to investigate the
  claim, and form a view as to whether they agree to pay compensation for the relevant
  injury.
  
  
• We will begin to gather the necessary medical evidence (such as GP notes and hospital
  records) and in most cases obtain a report from an appropriately qualified medical expert,
  for the purposes of assessing the long terms implications which the injury may have.
  
  
• If the Defendant’s insurers admit liability, then negotiations will usually begin with
  regards to the value of the claim.
  
  
• If the Defendant’s insurers deny liability, or refuse to give a decision after a reasonable
  period of time, (or refuse to pay sufficient compensation even if liability has been
  admitted), consideration will be given to issuing Court proceedings, provided that
  we still feel that the claim has at least a 51% prospect of success (or that you will
  obtain a higher settlement than has been offered).
  
  
• Court proceedings will be issued, and the Court will set its own timetable for the
  remainder of the claim, right up to a trial (if that proves necessary).
  
  
• If you claim is successful (whether out of Court or following Court proceedings)
  we will then negotiate the recovery of the client’s legal costs, on top of any
  damages. If the Defendants insurers refuse to pay reasonable costs, we can
  ask to have them assessed by the Court

Industrial disease claims usually follow roughly the same procedure, except that it is often
necessary to obtain a medical report (to diagnose the condition) before a letter of claim is
sent to the Defendant.

In most cases, it will be will be the Defendant’s insurers, although if a claim is against a local
authority, the money may come direct from them.

Very occasionally, any monies payable may come from other Defendants themselves
(if there is no insurance in place). In these circumstances, we would usually satisfy ourselves
(at the start of the claim) that the uninsured Defendant is likely to have sufficient funds or assets
to pay any damages and costs.

It depends on the nature of the injury.

Damages fall into 2 main categories.

• Damages to compensate for pain, suffering and the loss of quality of life (or amenity)
  which results from an injury. These are called “General Damages”
  
• Damages to compensate for any specific financial losses which have arisen directly
  as a result an injury (such as loss of earnings; the cost of care and assistance;
  traveling to medical appointments for treatment; or the cost of replacing property
  damaged in the accident ). These are called “Special Damages”

We will not usually take on any claim unless we believe that the General Damages are likely to
be worth at least £1,000. The more serious and long lasting the effect of an injury, the more it
will be worth in terms of General Damages.

General Damages are valued by reference to similar previous cases which have been decided
by the Court (many of which are recorded in special publications) , as well as by reference to
more general guidelines published for judges by the Judicial Studies Board. Special Damages
are valued by reference to the past and future financial costs which have resulted from the
accident.

Once we have obtained the necessary medical evidence, we can give a more accurate estimate
as to the value of any claim.

It is unlikely, but we cannot guarantee that you won’t.

Most claims are resolved without Court proceedings even having to be issued. Of those cases
which are issued at Court, only a small percentage actually end up going all the way through to a
Court hearing.

Again, it depends upon a number of variable factors, such as the complexity and/or severity of the
injuries; whether a case involves a complex issue of law; how long it takes to trace essential
witnesses; whether expert evidence (other than medical evidence) is necessary; and how
cooperative the Defendants or their insurers are.

A really straightforward claim (if such a thing exists) where a full recovery is made within 2-3
months of the date of the accident, and where there are no other complicating factor, should
usually be at a fairly advanced stage within about 6 months of our being instructed.

We are often able to deal with claims on a “No Win, No Fee” basis, provided that we feel that the
claim has at least a 51% prospect of being successful.

We will discuss funding with you at the very start of your claim, and advise you whether “No Win,
No Fee” is the best option for you. If it is, then we will fully explain how a “No Win, No Fee”
agreement (known as a conditional fee agreement) works before you enter into it.

Conditional Fee Agreement are relatively complicated to explain (even for lawyers).

However, in very basic terms, if your claim fails through no fault or omission of your own (i.e failing
to give us instruction or giving us incorrect information) then you will not have to pay our fees. On
the other hand, if you claim is successful, then you will be liable for our basic fees (calculated
on an hourly basis) plus an additional success fee, which will vary depending on how risky your
claim was when it started. If receive over £1,000 in General Damages, most of our basic fees and
success fee should be recoverable from your opponents (on top of your damages), in which
case you would then only be liable for any shortfall out of your damages.

It is important to note that conditional fee agreements only relate to our fees – that is the cost of
the work which we charge for on an hourly basis.

It does not relate to expenses which we incur in dealing with your claim (such as the costs of
obtaining medical evidence or reports, or Court fees). In addition, if your claim fails after
Court proceedings have been issued, you are likely to be liable to pay the other side’s
legal costs, and expenses.

For this reason, it may be appropriate to take out insurance (known as legal expenses
insurance), to pay these costs and expenses on your behalf. It may be the case that you
already have such an insurance policy (even if you don’t know it). We will look into this for you,
at the start of your claim. If you do need to take out insurance, then we can help arrange this
for you. You may often be able to delay paying the premium until your claim has finished.
Many legal expenses insurers will not charge you for the cost of the premium if your claim fails.