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Legal Issues

Q. Can I make a claim for compensation following my accident?

A. Each case needs to be looked at individually by a solicitor specialising in Personal Injury Law and Practice. The Solicitor will be able to advise you whether you have a claim and he/she will explain the process involved so you know what to expect.

Q. How do I contact a Solicitor?

A. There are many areas of Law and you need to make sure that the Solicitor you choose has considerable experience of not only personal injury cases but cases involving brain injury. The way these cases are dealt with is very different to cases involving other, particularly less serious injuries. The Headway Solicitors list will give you details of the nearest solicitor to you with appropriate experience who can help.

If you do not have this booklet you can e-mail your details or telephone the number at the end of this document and we can help.

Q. When should I contact a Solicitor?

A. You should contact a solicitor as soon as possible following the accident. If you are unable to do so a relative or friend can contact a solicitor for advice on your behalf.

It is most likely that the first step will be to get more information about the circumstances of your accident before a solicitor can advise you. It may be necessary to visit the place where the accident happened and to speak to people who witnessed the accident.

Your Solicitor needs to see people quickly while their memories are still fresh and to have the opportunity to visit the scene where the accident happened in case anything should change, for example, the layout of the road.

If your solicitor is instructed early he/she will be able to take steps to protect you and ensure your case is investigated straight away.

Q. Why should I contact a Solicitor?

A. An experienced solicitor will be able to advise you about all of the following issues:-

• Whether you can make a claim for compensation – this means a sum of money to compensate you for your injuries and financial losses associated with your accident;
• Powers of Attorney and advice as to how to manage money when you or someone close to you has been seriously injured;
• DSS Benefits which you and your family/carer may be entitled to claim as a result of your accident;
• Your legal rights in general;

Q. Will it cost me money to see a Solicitor?

A. Most people think that seeing a solicitor will be expensive. This does not have to be case. Although Legal Aid is no longer available for most accident cases, there are a number of ways in which claims can be funded and your solicitor will be able to advise you as to your options.

Sometimes you will have an insurance policy which could fund your personal injury claim. You may not even be aware of this until you see a solicitor. Often your car insurance, household insurance or credit card will cover you for legal expenses involved in pursuing a claim for personal injury.

If you do not have any insurance, in a lot of accident cases, if the claim has a reasonable prospect of succeeding, a solicitor will offer you a Conditional Fee (no win, no fee) agreement to fund your case. This means that it is unlikely to cost you anything to pursue a claim even if your case does not succeed. It is important, however, to check this with your solicitor very carefully as there are different types of no win, no fee Agreement.

Q. What about timescales?

A. You usually have 3 years from the date of an accident to bring a claim. If you are under 18 when you are injured you will have until your 21st birthday to bring a claim. There are very limited exceptions to these timescales. If you do not stick to the timescales, therefore, you may be too late to start a claim. It is important that you see a solicitor as early as possible following your accident for more specific advice about timescales which can vary according to the type of accident and other factors.

Pursuing a case involving brain injury is a complex process. The average claim will take 3 years from start to conclusion. However, in most cases it is possible to secure interim payments, ie money on account, to ease your financial situation while you are waiting for your case to conclude.

Q. How can I find out more?

A. Personal Injury Law is a complex area and there are many issues that a person who has suffered a brain injury, their families and carers are likely to face following an injury. A Solicitor will be able to give you advice in relation to legal and practical issues to help you through what will be a very difficult period not only for the injured person but for their families and others around them. Your solicitor will also be able to put you in touch with support groups.

If you have any specific questions, I am happy to deal with these . You can contact me by telephone at the Headway Doncaster office on 01302 556277. The number is not staffed all of the time but you can leave a message and I will call you back.

LOUISE JENKINS

SECRETARY FOR HEADWAY DONCASTER /FULL TIME SOLICITOR

DOCUMENT CREATED: JANUARY 2006

COMPENSATION FOLLOWING AN ACCIDENT