What is a personal injury?
A personal injury can be:
- A physical injury, disease or illness.
- A psychological injury or illness.
A personal injury could result in death.
Examples of personal injuries are:
- An injury at work. This includes work-related illnesses such as a disease caused by working with asbestos.
- A psychological illness caused by stress at work.
- An injury caused in a traffic accident.
- An injury received as a result of faulty goods or services.
- An injury caused if you trip over paving stones.
- A psychological illness suffered as a result of abuse as a child.
- An injury caused by errors in hospital treatment or by vaccinations (medical negligence).
- An physical or psychological injury sustained by a victim in the course of a crime.
- A psychological illness caused by discrimination or harassment in your work place.
What needs to be done following a personal injury?
If you have suffered a personal injury, or if you are acting on behalf of someone who has died because of a personal injury you want to make a claim for compensation to cover losses you have suffered as a result of the injury.
Whatever you are intending to do about your personal injury, actions you could take the following steps which include:-
- Inform the police if, for example, the injury resulted from a road accident.
- If the injury was caused by the police, you will need to consult an experienced adviser, for example, a Citizens Advice Bureau.
- If the injury resulted from a road accident, report it to your insurance company. The insurance policy may be invalid if an accident is not reported.
- If the injury resulted from an accident at work, you should notify your employer and the accident must be recorded in the accident book. Your employer has a legal responsibility to report the accident to the Health and Safety Executive or the local authority environmental department and can be prosecuted if they fail to do so.
- Reporting the injury to your doctor because it could become more serious. You should do this even if the injury seems minor. If you subsequently go to court to get compensation for the injury, the doctor will be asked to provide a medical report.
- Gather evidence about the accident and injuries. For example, it may be useful to take photographs of the scene of an accident and of what caused the injury. You should also, if possible, write an account of the incident while details are still fresh in your mind. If there are witnesses, you should make a note of their names and addresses.
- Consult Morgan Walker Legal Services.
How much do we charge for our Service?
The claim costs you nothing, win or lose. We appoint solicitors who enter into a no win,no fee agreement in relation to their legal costs – essentially no win, no fee - and may take out a litigation protection insurance policy to protect you against any other potential costs.
What does no win, no fee actually mean?
It means that if you are not successful with your claim, you will not have to pay anything.
What compensation am I entitled to?
If you have sustained a personal injury due to someone else’s negligence you may be able to claim two types of compensation, general damages and special damages.
1. General Damages: These cover non-financial losses and most commonly relate to the physical or psychological injuries that have been sustained in the incident. The court will decide on the amount to be paid. Things that can be claimed for include:
- Damages for pain and suffering. This includes the injuries themselves, the suffering caused by them as well as possible future suffering.
- Loss of amenity. Covers everything that reduces the enjoyment and pleasure of life. An example of this would be a keen guitarist who can no longer use his hands or a woman who was blinded and is unable to ever see her children again.
- Loss of congenial employment. A personal injury sustained may make it difficult to find a specific job in the future
2. Special Damages: These are the financial losses and expenses that may arise, in addition to the compensation for the actual injury, because of the accident. These are paid for actual financial loss caused by the accident up to the date of the hearing.
These are the financial losses and expenses that may arise, in addition to the compensation for the actual injury, because of the accident.
These can include damage to clothing or other belongings, the costs of care, travel costs to hospital, medical expenses (including the cost of private treatment) and the cost of hiring and/or repairing a car if it has been damaged in the accident, loss of earnings (including overtime), prescription charges and cost of over the counter medication purchased, aids and equipment to assist recovery, care and assistance for the injured person - this includes in the person’s home and accommodation alteration due to disability.
When a person makes a compensation claim, responsibility for assessing the extent of a psychological personal injury will fall to a panel of independent medical experts. Through detailed analysis and observation of the claimant they will determine whether he or she has valid case for receiving personal injury compensation. More often than not, an award of damages made for a psychological personal injury forms part of a larger compensation award paid out for accompanying physical injuries.
If a court decides that you were partly to blame for the accident, it may reduce the amount of damages you receive. An example of this would be if you were not wearing a seat belt when you were involved in a traffic accident. You may however note that if you have been receiving certain social security benefits because of an accident in which you sustained a personal injury, you may have to pay these back out of any compensation you get.
How long do I have to make a claim?
There are different time limits within which you must begin legal action in a personal injury claim. The most common claim in an injury case is for negligence which has a three year time limit. Unless it is a extreme or unusual case, there is a time limit of three years after the incident of which you can make a claim. This means that court proceedings must be issued within three years of you first being aware that you have suffered an injury. In some cases, a court may extend the time limit.
In cases involving children, they have 3 years from the date of their 18th birthday – if they have not already had a claim pursued on their behalf by a parent or guardian.
How do I pay for the legal costs?
Legal action for compensation for a personal injury can be expensive. You may be able to get help with legal costs from, for example:-
- A solicitor or organisation providing legal aid.
- A no win, no fee agreement (see below).
- A trade union or other membership organisation such as the AA or RAC.
- An insurance policy. Many house contents policies, car insurance or travel insurance policies have legal expenses cover attached.
What is a no win, no fee agreement?
A no win,no fee agreement means that your solicitor will receive no fees if you lose your case. If you win your case, your solicitor's fees and expenses will normally be paid by the other side. In certain circumstances you may, however, be required to pay the legal fees and expenses of the other side. Morgan Walker Legal Services will normally ask you to take out insurance to cover this situation.
How long will it take for my claim for injury to settle?
Most cases take anywhere up to 12 months to conclude depending on the complexity of the claim.
Will I have to go to Court?
The law encourages the parties to settle the issue out of court without having to resort to a long-winding court procedure. Hence, most cases are now negotiated as settlements out of Court. However certain claims may actually go to court.
What will happen if I lose?
Even in the event of losing the case, all the costs to that point in time are paid on your behalf by an insurance policy for legal costs. You would not have to pay anything if we lost the case.
Will I have to pay a fee if I win my claim?
The other side's Insurance Company will pay your cheque for damages if you win your case. In addition to this, they will also pay all of your solicitor's costs. In essence it means that you will not have to pay anything for your claim. There are certain circumstances, where costs may be borne by you. However, our case worker can explain this to you prior to starting your claim and this only occurs in limited situations.
Why us?
At Morgan Walker Legal Services, we are committed to helping accident victims – individuals that have been injured in accidents that were no fault of their own. We take pride in delivering highest standards of personal advice and services to every one of our clients. Our personal injury lawyers have several years’ experience in this sphere of compensation claims and are amongst the very best compensation claims solicitors in the country.
We have helped a number of people claim compensation for all types of accidents for all types of injuries from minor whiplash injury to most severe injuries such as extreme bodily harm. Our legal advice is without monetary obligations and our services are both risk and cost free -you would have nothing to pay provided your claim is accepted, you have not made a fraudulent claim and you cooperate with the solicitor once you have signed all the necessary documents. All solicitors engaged by us work on a no win, no fee basis. If your claim is successful, the solicitor will recover all legal fees from the responsible party's insurance company. This is completely separate from your compensation. If, however, your case goes on to be unsuccessful, then you will be covered by an insurance policy that the Solicitor will purchase on your behalf.
Claiming your compensation does not have to be complex. Our solicitors will make the process of claiming compensation simple and straightforward and help get the best settlement for you. At Morgan Walker Legal Services, your claim would be handled by personal injury solicitors who would endeavour to get maximum compensation for your injury. Contact us for free help and guidance and assistance with your personal injury claim including a free no obligation claim assessment.
What happens after you contact us?
As soon as you contact Morgan Walker Legal Services we’ll start work on your claim. On providing us the relevant details through either of the mediums in our Contact us Page, we will appoint a case worker who will advise you on the future course of action. He or she will manage your claim, which includes negotiating on your behalf, coordinating with you and if need be engaging a solicitor etc from start to finish.
What should I do after an accident? What information do I need to keep, maintain for my claim?
Please contact Morgan Walker Legal Services as soon as is possible and we will advise you accordingly amongst other things - the methods of gathering evidence, reporting requirements, recording events chronologically etc.