Frequently Asked Questions Regarding Personal Injury Claims
Do I have a claim?
If you are able to prove that someone else was to blame for your accident and that the accident occurred in circumstances that were negligent and/or in breach of the statutory duty owed to you. To discuss the merits of any claim you feel you may have, contact us at R&H Law where you will have a free initial consultation to discuss your claim.
How much compensation will I get?
This will depend on the individual circumstance of your case and will be assessed following a detailed assessment of your claim.
How long will my claim take?
The length of a claim can vary. Some can settle within a few months whilst others take a few years depending on the complexity of the claim, the type of injury sustained and whether or not the claim goes to court.
Will my case go to court?
Many cases are settled before they ever get to court. Nevertheless, your claim will be prepared as if it is heading towards a trial.
Will I get 100% of my compensation?
In normal circumstances if your case is successful you will receive 100% of your compensation.
Do I have to pay tax on any compensation received?
No.
What will my case cost me?
Under a conditional fee agreement (otherwise known as 'no win, no fee') you will receive all your compensation in the event that your claim is successful. Further, if your claim is unsuccessful, there will be no charge to you whatsoever, particularly as Insurance cover can be arranged to settle any defendant costs in unsuccessful claims
How long after my accident do I have to make a claim for compensation?
Generally, this is 3 years from the date of the accident. However, there are exceptions such as if you were a child at the time of the accident or if you have been affected by an occupational disease of which you have only just become aware, in which case, you may have longer to enter your personal injury claim for compensation. Contact us at R&H Law and we will advise you on what time limits apply to you.
Do I have to pay the other solicitor's costs if I lose my claim for compensation?
In the event that your claim was being funded by insurance in association with a 'no win, no fee' agreement, you would not have to pay the other Solicitor's costs if you were to lose your personal injury claim.
Noise induced hearing loss (industrial deafness)
This is a common work related injury that is caused by prolonged exposure to loud or continuous noise from machinery in circumstances where no hearing protection is provided or where the protection provided is either inappropriate and/or inadequate. The injury generally arises in occupations associated with using heavy machinery, manufacturing, construction, agriculture and transport.
Tinnitus (a constant noise in the ears) is also associated with hearing loss and exposure to noise at work. This too can give rise to a claim for compensation.
Employers have a duty to protect the hearing of their employees from excessive noise levels and we at R&H Law can assist you in securing the appropriate compensation for any injury that you have suffered through exposure to noise at work.
As there are time limits for pursuing court proceedings for personal injury, it is essential that you consult a solicitor as soon as you become aware that any hearing loss you suffer is related to your employment.
Vibration white finger ('VWF')
Also known as hand arm vibration syndrome ('HAVS') this condition is caused by exposure to excessive vibration from hand tools or vibrating machinery. The vibration affects the small blood vessels and nerves of the hand causing numbness and whitening of the fingers and/or hands which affects dexterity and causes discomfort and/or pain.
Work related upper limb disorders ('RSI')
Are a range of conditions that affect the muscles, tendons, ligaments and nerves of the upper limbs (generally wrist, elbow and shoulder) and can arise from forceful repetitive work. Tennis elbow, golfers elbow and carpal tunnel syndrome are some of the conditions that fall under this type of injury.
Occupational asthma
Generally takes the form of wheezing, coughing, breathlessness or tightness of the chest (occasionally leading to sensitisation or allergy) following exposure to various substances/chemicals/dust at work.
Occupational dermatitis
Is the generic term for a number of skin conditions that is caused through contact with physical, chemical or biological agents at work. The condition can take the form of either irritant contact dermatitis or allergic contact dermatitis and is characterised by redness of the skin, blistering, itching or a rash developing. It can affect any part of the body that is exposed to the offending substance.
Work related stress
Arises from work overload, bullying and/or harassment or through traumatic events at work such as a robbery or assault. It has to be more than upset or distress to merit compensation and the courts will only compensate an individual if the employer has been negligent and/or in breach of the statutory duty owed to the employee AND the employee has suffered a recognised psychiatric illness as a result.