Accident Claims

At Bolt Burdon Kemp we have over 25 years experience of representing people who have suffered serious personal injury. We are recognised as one of the leading firms in this area by the independent Chambers and Partners and the Legal 500.

We are accredited by the Law Society and Association of Personal Injury Lawyers (APIL). We are also endorsed and recommended by organisations such as HeadwayChild Brain Injury Trust and the Spinal Injuries Association.

We understand that you might need more than legal advice and representation following an accident. That’s why we offer you a more complete service. This includes:

  • Expert advice from specialist solicitors
  • Access to the best medical experts
  • Advice and guidance about welfare benefit application
  • Applications for payments of compensation made at the outset and throughout the case
  • Funding for private treatment and care for you or your loved one
  • No obligation consultations conducted at your home or in hospital
  • A range of funding options including “no win, no fee”

Click the video link in the banner image above to see how we helped Emma with her personal injury claim.

Have I got an accident claim?

If you or your loved one has suffered an injury, illness or disease, it may be possible to make a compensation claim for the injuries and financial losses suffered as a result, even if you or they may be partly responsible for what happened.

A personal injury claim will be successful if we can prove liability against the individual or organisation you consider responsible for what has happened. In order to do this we must show the following:

  • The person or organisation owed you or your loved one a duty of care
  • That duty of care was breached
  • The breach of duty caused the injury, illness or disease

The third step is often the most difficult to prove. This is why you need an experienced and specialist personal injury solicitor on your side.

Strict time limits exist, meaning you must start court proceedings within 3 years of the accident date or date you became aware you suffered an injury, illness or disease as a result. There are a handful of exceptions to this rule, which our specialist personal injury solicitors can discuss with you.

Why do I need an expert solicitor?

Circumstances in which you may wish to engage the services of a personal injury solicitor include:

  • If you or a loved one have been involved in a road accident as a driver, pedestrian, passenger, cyclist or motorcyclist
  • If your child has been involved in a different type of accident, such as a serious playground accident or an accident at school or nursery
  • If you or a loved one have been involved in an accident at work such as falling from a height, an object has fallen on you or your limb has been caught in an unguarded or defective machine
  • If you or your loved one has developed an illness or disease through their work
  • If you or a loved one have been involved in a different type of accident, for example a fall in a public place
  • If you or a loved one have been the victim of a serious act of violence

How much compensation will I receive?

If your personal injury claim is successful, you will be entitled to compensation for the following:

Pain, suffering and loss of amenity

You will receive compensation for pain and suffering caused by the injury itself and the effect your injury has on your ability to do the things you did before the accident (known as loss of amenity). This can include hobbies and past times.

Compensation entitlement for this aspect of your claim will depend on the nature and extent of your injuries; how serious the injuries are and how long your symptoms are expected to last. This part of the claim is assessed with the assistance of expert medical reports from the best medico–legal experts in the field, combined with our own knowledge and research.

Financial losses

You will also receive compensation for your financial losses and expenses – both past and future. Your financial losses are assessed according to the evidence we obtain. This can include loss of earnings, cost of medication and treatment, travel costs and the time spent on caring for you because of your injuries. In terms of calculating loss of earnings, it may be necessary to instruct financial experts to assist. It’s our role to assess what evidence is needed and obtain specialist help to prove your loss.

Who will pay my legal costs?

We are able to offer no win no fee for accident claims, however there are other methods of funding a claim including legal expenses insurance and private funding. Click here for more information.

What are the time limits for accident claims?

Personal injury claims must be brought within a certain time. This is known as the limitation period. The time limits are strict and set out in the Limitation Act 1980.

Most personal injury claims must be issued at court within three years of the date of the accident. For children, the personal injury claim must be issued no later than their 21st birthday.

There are exceptions:

  • If there was a time delay before you became aware that you have suffered an injury, for example if you developed a condition contracted by exposure to chemicals at work
  • If, as an adult, you did not have the mental capacity to instruct a lawyer to make a claim. The clock doesn’t start ticking until you have regained capacity
  • In some limited cases the courts may agree to waive the time limit completely, for example in cases involving abuse suffered in childhood
  • If your accident occurred overseas, on a plane or a boat where the time limits are different

In most instances, if you do not comply with the limitation period that applies to your claim, you are likely to lose the chance to claim. It is therefore important that you do not delay in making your personal injury claim as soon as you become aware that you might have one.

Even if your injury happened more than 3 years ago, there may still be a way to make a claim.

What happens after my claim is won?

Protecting your means-tested benefits

Your financial circumstances change when you receive personal injury compensation. As a result, your means tested benefits may be at risk. You can protect your entitlement to your benefits and further benefit from compensation by setting up a personal injury trust. Our specialist personal injury solicitors will be happy to advise if this is applicable.

The costs process

The legal costs associated with your personal injury claim include solicitor fees, barrister fees, experts’ fees, court fees and fees charged for obtaining records for your case. After winning a personal injury claim, the Defendant usually pays most, of your legal costs. Deciding how much the Defendant must pay can be a lengthy process. If we are unable to agree how much they must pay the court will decide. If a court decision is required, the process can take in excess of 6 months. We have a specialist team who work independently of our personal injury solicitors to ensure the costs process is dealt with speedily and to your advantage.

Investment advice

Investing your personal injury compensation requires careful thought and specialist advice. We work closely with reputable and professional financial advisors with extensive experience and knowledge of working alongside personal injury compensation award winners. We can make a personal recommendation and a referral to an appropriate adviser on request.

Rehabilitation

In many claims for personal injury compensation, your current medical situation and quality of life may be improved by appropriate medical treatment, including surgery, physiotherapy, counselling or care. This is best given at the earliest opportunity, rather than waiting for the claim to be settled. We have arrangements with providers of medical and other rehabilitation services to get you back on your feet as soon as possible.

Call us on 020 7288 4800 or contact us online for one of our team of highly regarded accident compensation solicitors to provide you with a free consultation.

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