Frequently Asked Questions

If you can’t find the answer here to your questions here, please get in touch with us; our legal experts are waiting to help. 

Employment Law

I’ve been offered a settlement agreement, should I accept it?

Any settlement agreement from your employer has to be explained to you by a qualified adviser for it to be valid. They do not, however, give you any advice as to whether the agreement is a sensible one or whether it is the best financial compromise you could have obtained. If you have been offered a settlement agreement then please give us a call and we will happily discuss your options with you. There is no charge for an initial consultation and it is in complete confidence.

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Can my employers legally dismiss me if I make a claim following an accident at work?

No. If your accident occurred at your workplace your employer is not legally justified to dismiss you if you make a claim for compensation. If they do so, you may well be able to claim for unfair dismissal even if you have not been employed by them for very long.  It is important that you remember that employers are legally bound to take out insurance specifically to cover accidents at work. Any compensation that you are awarded will be paid for from that insurance and will not have to be paid for by your employer(s). Our personal injury expert, Dominic Moss explains more in this short video:

Please see our Accident at Work Claims service.

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I have been dismissed – can I bring an unfair dismissal claim?

Possibly. This will depend entirely on your circumstances. You may well have a case if you have been unfairly dismissed, constructively dismissed or dismissed on grounds of prejudice or discrimination. Please see our Employment section.

You will need to appeal the decision to dismiss you, in writing, before you can bring an unfair dismissal claim at employment tribunal.

You should also be aware that there are certain time limits that apply to the bringing of employment tribunal claims. Employment Law is complicated and you should seek advice on your particular circumstances.

Please see our information on unfair and constructive dismissal services.

What is constructive dismissal?

Simply put, this is where an employer forces you to resign through breach of contract or unreasonable behaviour.

Please see our Employment Law services.

Is it illegal to discriminate against me because of my age?

Yes. You are protected against direct and indirect age discrimination. It would be unlawful for your employer, on the grounds of age to:

  • decide not to employ you;
  • dismiss you;
  • refuse to provide you with training;
  • deny you promotion;
  • give you adverse terms and condition and/or;
  • retire you before your usual retirement age (if you have one) or retire you before the default retirement age of 65 without proper justification.

Please see our Employment Law services.

Do I need to attend a disciplinary hearing?

It would be wise to, unless you have a genuine reason for not being able to attend, but you should notify your employer of this. You are entitled to be told the subject matter of the hearing and to be given reasonable notice of the time it is to be held. If your employer has not complied with this, you would be within your rights to ask that the meeting be postponed until such time that you can attend and that the employer has given you sufficient information about the reason for the hearing.

You are entitled to be accompanied to a disciplinary hearing by a work colleague or a trade union representative. Your employer should be reasonably accommodating about scheduling the meeting so that your chosen companion can attend.

Please see our Employment Law services.

My employer wants to change my terms and conditions of my employment contract – can they do this?

This depends on the nature of the change they want to make and the way in which the contract of employment is drafted. It is not usual for important terms such as rates of pay, working hours and job titles to be changed without the employee specifically agreeing to it.

In certain cases, you should consider what the alternative is if you do not agree. For example, if the business is in trouble and changes are required in order to avoid dismissals, any unreasonable refusal to agree to changes may give the employer scope to make dismissals that a tribunal would find to be fair.

Please see our Employment Law services.

I am being bullied at work – what can I do?

Bullying behaviour is not in itself a matter that you can take to an Employment Tribunal. To do this the bullying would need to be of discriminatory nature, such as on the grounds of race, sex, disability, religion or sexual orientation.

If you feel bullied at work, however, there are a number of practical things that you are advised to do:

  • Tell the person firmly, but not aggressively, that they should stop the behaviour because it makes you feel uncomfortable. If you cannot face the person(s) yourself, speak to someone in HR and ask them to intercede on your behalf.
  • If things do not improve you should raise a formal complaint, in writing and with specific details.

Keep a full diary of incidents – detailing dates, times, what occurred, and names of any witnesses. Keep copies of any relevant documentation.

Please see our Employment Law services.

Personal Injury

Can pre-existing medical conditions such as back injuries complicate a personal injury claim?

Pre-existing medical conditions such as back injuries can complicate personal injury claims. A car accident or accident at work can aggravate an old injury or can cause a latent problem to become an injury. These situations require a law firm to take the time to understand the client and their medical history and individual circumstances. In this video Dominic Moss, senior partner here at Stonehewer Moss, personal injury solicitors, briefly details the considerations when handling claims involving pre-existing injuries such as back problems.

Watch video

Please see our personal injury services.

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Do I have a coronavirus (COVID-19) at work claim?

The law for employers has not changed despite the coronavirus pandemic. An employee may be entitled to compensation if they contract COVID-19 because their employer has not done enough to ensure that their workplace is ‘COVID-secure’.

Employers have a legal duty to their employees to take reasonable care for their health and safety and they must take reasonable steps to do this. In particular, employers must take steps to secure a safe system of work, safe premises, safe equipment, and competent staff.

If you believe you have contracted COVID-19 due to ineffective health and safety measures implemented at your place of work, you may be able to bring a claim against your employer and secure compensation.

In order for us to assess whether or not you have a COVID-19 at work claim, we would ask all potential applicants to answer the following questions and send us your answers by email in confidence to info@stonhewermoss.co.uk.

This will enable us to determine whether or not you have a case to bring a claim against your employer before arranging a free initial consultation.

Pre-Assessment Questionnaire

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

Who is responsible for my accident at work?

The responsibility for an accident at work is very often it is the employer, even though they may try to blame you or even discipline you for the accident. However, sometimes the accident might be the responsibility of a third party, for example, a building site main contractor. It might be due to the fault of a work colleague acting in a manner not related to the job. It might even be your own fault in whole or in part. If you are unsure, get in touch with our personal injury lawyer for a free initial case review in complete confidence.

Contact us

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

What is the claims process?

Once you have instructed us and we have taken down all the relevant information with regard to the circumstances of the accident we will write a letter of claim to the other party’s insurers. In many cases, the insurers have up to 3 months in which to investigate the claim and either admit fault or deny liability.

Where the circumstances are clear cut, for example in a simple road traffic accident, the insurers admit liability straightway without the need for further consideration. If the blame for the accident is less clear-cut, they may wish to investigate the matter further.

Once liability is admitted we will arrange for you to undertake a medical examination. The instructed doctor will be independent. We will send you a copy of the report when it is available and then discuss its content with you to ensure that you are completely satisfied with it.

Only then will we negotiate settlement of your claim with the insurance company at a level of compensation previously agreed with you.

Please see our personal injury services.

What should I look for when selecting a personal injury lawyer?

You need to find a company you can trust who cares about your interests. The Association of Personal Injury Lawyers (APIL) is a not-for-profit association of solicitors, barristers and academics who specialise in personal injury law. Look for a lawyer who not only belongs to APIL but is also part of their accreditation scheme. The accreditation scheme guarantees members are competent in a particular field of personal injury. Accredited lawyers from Senior Litigator level upwards have at least five years’ experience of dealing with personal injury claims. All APIL members promise to follow a code of conduct and a consumer charter. Dominic Moss of Stonehewer Moss is a Fellow of the Association of Personal Injury Lawyers.

Please see our Personal Injury Claims services. 

What is a personal injury?

A personal injury can be physical or psychological. It can be an injury or an illness and it could result in death. Examples of personal injuries are cuts, breaks, bruising, soft tissue injuries, anxiety, scarring, damage to organs and loss of senses. These might occur as a result of accidents at work, a road traffic accident, a trip or fall that happened in a public place, as well as injuries sustained as a result of clinical or cosmetic negligence. There are lots of other examples.

Please see our Personal Injury Claims services.

Is there a time limit for a personal injury claim?

This will, to a large extent, be determined by the nature of the injuries you have sustained and whether the defendants have conceded liability for the accident.

In road traffic accidents where liability is not an issue and the injuries sustained are not serious we would expect matters to be settled in a matter of months. More complex cases can take longer. The vast majority of all cases are settled within 12 months.

It is important to realise that whilst we will act speedily and efficiently we need to ensure that you have fully recovered from your injuries or that the doctors have determined an accurate prognosis.

Once a claim is settled you cannot claim more later on so we need to ensure that you receive the proper compensation for your injuries and any complications that may arise in the future. We will never pressurise you into settling your claim, we want you to be entirely satisfied before it is finalised.

Please see our Personal Injury Claims services.

How long will my personal injury claim take?

This will, to a large extent, be determined by the nature of the injuries you have sustained and whether the defendants have conceded liability for the accident.

In road traffic accidents where liability is admitted and the injuries sustained are not serious, we would expect matters to be settled in a matter of months. More complex cases can take longer. The vast majority of all cases are settled within 12 months.

It is important to realise that whilst we will act speedily and efficiently, we need to ensure that you have fully recovered from your injuries or that the doctors have determined an accurate prognosis.

Once a claim is settled you cannot claim more later on so we need to ensure that you receive the proper compensation for your injuries and any complications that may arise in the future. We will never pressurise you into settling your claim, we want you to be entirely satisfied before your claim is finalised.

Please see our Personal Injury Claims services.

Will I need to have a medical examination?

Usually, to progress a personal injury claim you will need to be examined by an independent doctor. We always endeavour to make this as stress-free as possible for you and arrange a mutually convenient appointment as close to your home as possible.

Can I still bring a personal injury claim if the victim has died?

Yes. Injury compensation cases are commonly brought by the widow/widower of the victim, or by the executors who are named in the victim’s will.

Please see our Personal Injury Claims services.

What will I get compensation for?

There are two types of injury compensation that you may be entitled to. The first, called ‘general damages’, and is awarded to compensate you for the pain and suffering caused by the injury. The second type of injury compensation, called ‘special damages’, covers actual financial losses and expenses arising from the injury. This can include lost earnings, care given to you by your friends and family, costs of treatment, travel costs and various other expenses including future losses.

Please see our Personal Injury Claims services.

What should I look for when I choose a Personal Injury Solicitor?

You need to find a company you can trust who cares about your interests. The Association of Personal Injury Lawyers (APIL) is a not-for-profit association of solicitors, barristers and academics who specialise in personal injuries work. Look for a lawyer who not only belongs to APIL but is also part of their accreditation scheme. The accreditation scheme guarantees members are competent in a particular field of personal injury. Accredited lawyers from Senior Litigator level upwards have at least five years’ experience of dealing with personal injury claims. All APIL members promise to follow a code of conduct and a consumer charter. Demonic Moss of Stonehewer Moss is a Fellow of the Association of Personal Injury Lawyers.

Please see our Personal Injury Claims services.

Where can I get further independent advice?

The Association of Personal Injury Lawyers is very helpful and they have a Dictionary of personal injury terms and acronyms. The Citizens Advice Bureau also has more information.

Can my employers legally dismiss me if I make a claim following an accident at work?

No. If your accident occurred at your workplace your employer is not legally justified to dismiss you if you make a claim for compensation. If they do so, you may well be able to claim for unfair dismissal even if you have not been employed by them for very long.  It is important that you remember that employers are legally bound to take out insurance specifically to cover accidents at work. Any compensation that you are awarded will be paid for from that insurance and will not have to be paid for by your employer(s). Our personal injury expert, Dominic Moss explains more in this short video:

Please see our Accident at Work Claims service.

Watch Video

Will I have to go to court?

The vast number of claims are settled, by negotiation, without the need for attendance at court. On the rare occasion where a dispute exists, and court proceedings need to be issued we will carefully go through the whole procedure with you and address any concerns you may have. It will be your decision as to whether you start any court proceedings.

Please see our Personal Injury Claims services.

General

What are Special Damages?

In this short video, we explain what the term “Special Damages” means in a personal injury claim.

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Please see our personal injury services.

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What are General Damages?

In a personal injury compensation claim, you may hear the term “General Damages”. In this short video, our personal injury claims solicitor, Dominic Moss explains what this means.

Watch video

Please see our personal injury services.

Watch Video

What Is a CRU Certificate?

CRU stands for Compensation Recovery Unit and a CRU Certificate is issued by the Department of Work and Pensions (DWP) to show the amount of recoverable state benefit or lump-sum payments which applies to your injury compensation claim. Watch this short video to find out more or read this article:
 
 

Please see our personal injury services.

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What does “no win, no fee” mean?

In this short video, Dominic Moss, Stonehewer Moss’ senior personal injury lawyer explains what no win, no fee means in personal injury compensation claims cases.

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Please see our personal injury services.

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Do I have to go to court to make a personal injury claim?

In this short video, Dominic Moss, senior partner here at Stonehewer Moss, personal injury solicitors, explains why less than 1% of personal injury claims require the claimant to appear in court.

Watch video

Please see our personal injury services.

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Why do I have to pay 25% of my injury claim to my solicitor?

Often referred to as a “success fee”, in a personal injury case a solicitor may not be able to recover all their costs from the losing party so they may charge a success fee or contingency fee. This fee must not be more than 25% of your compensation. In this video, Dominic Moss, senior partner here at Stonehewer Moss personal injury solicitors, explains the fees solicitors charge in personal injury claims.  

Watch video

Please see our personal injury services.

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Who pays the legal costs in an injury claim?

Watch this short video for an explanation of who pays the legal costs in a personal injury claim. Dominic Moss, senior partner here at Stonehewer Moss solicitors, briefly details the alternatives and gives potential claimants some ideas of the questions they should be asking at the start of a case.

Watch video

Please see our personal injury services.

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Do I have to hire Stonehewer Moss after the free initial case review?

No. The free initial case review is just that, but we hope that having advised you initially you will allow us to help you should you decide to pursue the matter with professional help.

Please see our Free Initial Case Review offer.

Why do I have to present documentation to prove my identity?

This means that before a solicitor can proceed with your case, you will need to show them certain documents. These will include a current passport, utility bills and the like. Solicitors need to see the original items and need to retain copies for their file. We recommend that you do not send valuable items such as passports and driving licences through the post.

What is a Conditional Fee Agreement?

You may have been asked to sign a Conditional Fee Agreement. This is an agreement that is used when you do NOT have the benefit of an existing legal expenses policy. It allows the solicitors to claim some of their costs back from the defendants at the conclusion of the claim along with a success fee which is payable by the client. Whilst in principle the client is responsible for their fees from the outset of the claim, in reality, these fees will be capped so that you receive at least 75% of the compensation you are awarded. The cap does not apply to any disbursements you may need to obtain.

I live a number of miles away from Northwich, can Stonehewer Moss still help me?

Yes. We like to offer all our clients a friendly personal service you expect from a local solicitor, combined with the quality of service you expect from a specialist personal injury lawyer. To achieve this, Stonehewer Moss serve clients throughout Cheshire from our office in Northwich; including Middlewich, Winsford, Crewe, Chester, Warrington, Runcorn and surrounding areas. We can arrange to visit you at home or make an appointment outside normal office hours at a time that suits you. It is not essential to visit our Northwich office nor meet in person. We are experienced in dealing with clients from further afield and can use video technology to keep In touch if required. However, we usually find we can build a better relationship with clients when we meet face-to-face, so we focus our services on the Cheshire area.

Please see our About Us page for more information.

Accidents at Work

How do I make a compensation claim?

If you’re injured because of an accident at work, there are a few important things you should do before contacting us:

  • Record your accident with your employer and ensure it’s logged in an accident book
  • Take photos of your injury and where it took place, make detailed notes and get the details of witnesses
  • Make an appointment to see a doctor so that they can record details of the accident in your medical records and treat the injury
  • Check your contract of employment to see your entitlements for pay and benefits if you are unable to work
  • If you’re a trade union member, notify your representative

The next step is to get in touch with us to see if you have a claim. It’s best to get legal advice as soon as possible so that we can obtain crucial evidence and because there may be time limits.

We offer a Free No Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the personal injury claims process, dealing directly with your employers and their insurance company on your behalf to secure compensation for your injuries quickly and amicably.

How much will my claim be worth?

The value of every accident at work compensation claim depends on the seriousness of the injury as well as the chances of you making a full recovery.

In handling your claim, we will also look at other financial aspects such as medical expenses, travel costs and loss of earnings you may have had as a result of the accident. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We will also seek to obtain interim payments where possible to help you to avoid financial hardship caused by an accident at work that wasn’t your fault.

Whatever the nature of your injury, our aim is to get you the highest amount of compensation as quickly and stress-free as possible so that you can get your life back on track.

How long do I have to make a claim?

For the majority of cases, any claim for an accident at work compensation must be made within three years of the date of the accident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an accident dating back further. As specialist personal injury lawyers, we will be able to advise you on your rights.

Will I lose my job if I make an accident at work claim?

No. Seeking compensation for an accident at work that was not your fault is not grounds for dismissal. Your employer will have insurance to cover your accident claim. For the most part, your solicitor will be dealing with the insurance company. Watch this short video to learn more.

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

Who is responsible for my accident at work?

The responsibility for an accident at work is very often it is the employer, even though they may try to blame you or even discipline you for the accident. However, sometimes the accident might be the responsibility of a third party, for example, a building site main contractor. It might be due to the fault of a work colleague acting in a manner not related to the job. It might even be your own fault in whole or in part. If you are unsure, get in touch with our personal injury lawyer for a free initial case review in complete confidence.

Contact us

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

Accidents in Public Places

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

How do I make a compensation claim?

If you’re injured because of a slip, trip or fall in a public place, there are a few important things you should do before contacting us. It is really important that you gather as much evidence as possible to prove that the accident happened as a result of someone else’s negligence, for example:

  • Photos of where the accident happened
  • Measurements of any holes, cracks etc
  • Contact details of witnesses
  • Details of who owns the property/land
  • Photos of your injuries and the medical treatment you received

It’s best to get legal advice as soon as possible after your accident so that we can obtain crucial evidence e.g. CCTV footage as this may be difficult to obtain at a later date. There may also be time limits to your claim.

We offer a Free No-Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the personal injury claims process, dealing directly with third parties and their insurance companies on your behalf to secure compensation for your injuries quickly and stress-free.

How much will my claim be worth?

The value of every compensation claim for slips, trips and falls accidents depends on the seriousness of the injury as well as the chances of you making a full recovery.

In handling your claim, we will also look at other financial aspects such as medical expenses and loss of earnings you may have had as a result of the accident. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We will also seek to obtain interim payments where possible to help you to avoid financial hardship caused by an accident that wasn’t your fault.

Whatever the nature of your injury, our aim is to get you the highest amount of compensation as quickly and stress-free as possible so that you can get your life back on track.

How long do I have to make a claim?

For the majority of cases, any claim for slips, trips, and falls accidents compensation must be made within three years of the date of the accident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an accident dating back further. As specialist personal injury lawyers, we will be able to advise you on your rights.

Assault Claims

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

Who is the CICA?

The Criminal Injury Compensation Authority is a government organisation that can pay money (‘an award’) to people who have been physically or mentally injured because they were the blameless victim of a violent crime such as an assault. Whilst you must have notified the police to be eligible to make a CICA claim, the offender does not necessarily have to have been convicted of, or even charged with the crime for you to make a claim. However, your claim could be affected by your behaviour, your criminal record, your failure to co-operate with the police, or if you have delayed making the claim.

How do I make an assault injury compensation claim?

If you have suffered an injury as a result of an assault, it’s best to get legal advice from an experienced personal lawyer.

We offer a Free No Obligation Case Review so that we can understand more about the assault circumstances and to advise you on whether or not you have a claim with the utmost confidentiality.

We will guide and support you throughout the personal injury claims process via the CICA, to secure compensation for your injuries. We handle each case with understanding, sensitivity, and compassion.

As a local firm, we can also arrange home visits or meet you at a hospital if required.

How much is my claim worth?

Every compensation claim for an assault depends on the severity of the injury.

In handling your claim, as well as securing compensation for pain and suffering, we will look at financial aspects such as medical expenses, rehabilitation costs, loss of earnings you may have had as a result of the accident. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We will also seek to obtain interim payments where possible to help you to avoid financial hardship caused by an assault.

Our aim is to get you the highest amount of compensation quickly and stress-free so that you can get your life back on track.

How long do I have to make a claim?

For the majority of victims, any assault compensation claims must be made within three years of the date of the incident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an assault dating back further. Claims under the Criminal Injuries Compensation Authority (CICA) scheme must usually be made within two years of the incident date. As specialist personal injury lawyers, we will be able to advise you upon these important time limits.

Children's Accident Claims

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

How do I make a compensation claim?

A parent or guardian can make a claim for compensation on behalf of an injured child (a minor) – they are known as their ‘Litigation Friend’. This person must be independent; meaning if a parent is to blame for the accident sustained by the child, they cannot act as the child’s Litigation Friend.

However, if the parent or guardian has not made a claim on behalf of an injured child, once they turn 18 years of age, they can make a compensation claim themselves. They have three years from the day that they turn 18 to make the claim.

We offer a Free No Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the personal injury claims process, dealing directly with the third parties and insurers if required on your behalf to secure the compensation your child deserves for their injuries, quickly and amicably.

What happens to the awarded compensation?

If a claim is made by a parent or guardian, the financial compensation awarded is put into a secure trust fund until the injured child turns 18 years of age. However, a parent or guardian can make a request to access these funds to cover essential costs such as medical expenses if required.

If the claim is made by the injured child once 18 years of age, the compensation sum will be paid directly to the claimant.

How much will my claim be worth?

The value of every compensation claim for a child accident and injury depends on the seriousness of the injury as well as the chances of them making a full recovery.

In handling your claim, we will also look at other financial aspects such as medical expenses, including any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

Whatever the nature of your child’s injury, our aim is to get you the highest amount of compensation as quickly, amicably and stress-free as possible.

Clinical Negligence

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

How do I make a clinical negligence compensation claim?

p>It’s best to get legal advice as soon as possible so that we can obtain crucial evidence.

We offer a Free No Obligation Case Review so that we can understand more about the clinical treatment circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the personal injury claims process, dealing directly with third parties and their insurance companies on your behalf to secure compensation for your injuries quickly and stress-free.

How much compensation will I get?

How much you will get from a clinical negligence claim depends on the seriousness of the injury as well as the chances of you making a full recovery.

In handling your claim, we will also look at other financial aspects such as medical expenses and loss of earnings you may have had as a result of their negligence. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We will also seek to obtain interim payments where possible to help you to avoid financial hardship caused by their negligence.

Our aim is to get you the highest amount of compensation as quickly and stress-free as possible.

How long do I have to make a compensation claim?

For the majority of cases, any claim for clinical negligence compensation must be made within three years of the date of the incident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an injury dating back further, for example, if the injury involves a minor. As specialist injury lawyers, we will be able to advise you on your rights.

Cosmetic Treatment Negligence Claims

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

How do I make a compensation claim?

It’s best to get legal advice as soon as possible so that we can obtain crucial evidence.

We offer a Free No Obligation Case Review so that we can understand more about the cosmetic treatment circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the personal injury claims process, dealing directly with third parties and their insurance companies on your behalf to secure compensation for your injuries quickly and stress-free.

How long do I have to make a claim?

For the majority of cases, any claim for cosmetic treatment negligence compensation must be made within three years of the date of the incident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an injury dating back further, for example, if the injury involves a minor. As specialist injury lawyers, we will be able to advise you on your rights.

Cycle Accident Claims

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

How do I make a compensation claim?

It’s best to get legal advice as soon as possible after your cycling accident so that we can obtain crucial evidence.

For a successful cycling accident compensation claim to be successful, there are some things you will need to do:

  • Seek medical attention to assess your injuries and obtain a medical report.
  • Ask people around if they saw what happened and if they would be willing to come forward as witnesses. Get their contact details.
  • Get the contact details of anyone else involved in the accident. Write down the number plate details if a vehicle was involved as well as the other party’s name, address, and insurance details.
  • Get pictures of the scene and of the bike and vehicle damage with your camera phone if you have one with you.
  • If the police attend the accident, obtain a copy of their report.

We offer a Free No Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the personal injury claims process, dealing directly with third parties and their insurance companies on your behalf to secure compensation for your injuries quickly and stress-free.

How much will my claim be worth?

The value of every compensation claim for a cycling accident depends on the seriousness of the injury as well as the chances of you making a full recovery.

In handling your claim, we will also look at other financial aspects such as medical expenses, repairs to your bicycle, damage to property in your possession, and loss of earnings you may have had as a result of the accident. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We will also seek to obtain interim payments where possible to help you to avoid financial hardship caused by a cycling accident that wasn’t your fault.

Whatever the nature of your injury, our aim is to get you the highest amount of compensation as quickly and stress-free as possible so that you can get your life back on track.

For the majority of cases, any claim for cycling accident compensation must be made within three years of the date of the accident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an accident dating back further, for example, if the accident involved a minor. As specialist personal injury lawyers, we will be able to advise you on your rights.

Holiday Accident Claims

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

How do I make a compensation claim?

p>If you’re injured because of an accident or illness whilst on holiday, there are a few important things you should do before returning home. It is really important that you gather as much evidence as possible to prove that the accident happened as a result of someone else’s negligence, for example:

  • Photos of where the accident happened
  • Measurements of any holes, cracks etc
  • Contact details of witnesses
  • Details of who owns the property/land
  • Photos of your injuries and the medical treatment you received whilst abroad (and at home)

It’s best to get legal advice as soon as possible after your accident so that we can obtain crucial evidence e.g. CCTV footage as this may be difficult to obtain at a later date. There may also be time limits to your claim.

We offer a Free No-Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the complex personal injury claims process, dealing directly with foreign third parties and their insurance companies on your behalf to secure compensation for your injuries or illness quickly and stress-free.

How much is my claim worth?

The value of every compensation claim for accidents on holiday depends on the seriousness of the injury or illness as well as the chances of you making a full recovery.

In handling your claim, we will seek compensation for pain and suffering as well as recovering costs for medical bills, additional travel expenses and even loss of earnings you may have had as a result of the accident. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We may also be able to obtain interim payments where possible to help you to avoid financial hardship caused by an accident that wasn’t your fault.

Whatever the nature of your injury, our aim is to get you the highest amount of compensation as quickly and stress-free as possible so that you can get your life back on track.

How long do I have to make a holiday accident claim?

For the majority of cases, any claim for accidents on holiday compensation must be made within three years of the date of the accident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an accident dating back further. In other cases, you might be limited to two years if the accident was on a boat or plane, or only one year to make your claim, for example, road traffic accidents in Spain, so it is best to take advice as soon as possible after you return from holiday. As specialist personal injury lawyers, we will be able to advise you on your rights.

Motorcycle Accident Claims

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

How do I make a compensation claim?

It’s best to get legal advice as soon as possible after your motorcycle accident so that we can obtain crucial evidence and because there may be time limits. 

We offer a Free No Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the personal injury claims process, dealing directly with third parties and their insurance companies on your behalf to secure compensation for your injuries quickly and stress-free.

In some cases, motorcycle accident claimants will make a personal injury claim through their bike insurers’ solicitors. If you’re not happy with how your claim is being handled, you may be able to change legal advisors. If you’re looking for a local, specialist personal injury lawyer that can offer a more personal service, talk to us about moving your claim to us.

What can you help with?

We can help you by:

  • Obtaining compensation for your motorcycle accident claim;
  • Recovering any loss of earnings you may have incurred from your accident on the road;
  • Recovering any policy excess with your own insurers;
  • Providing access to specialist rehabilitation care including physiotherapy;
  • Claim for an accident involving an uninsured driver through the Motor Insurers’ Bureau (MIA) scheme.

How much will my motorcycle accident claim be worth?

The value of every compensation claim for a motorcycle accident depends on the seriousness of the injury as well as the chances of you making a full recovery.

In handling your claim, we will also look at other financial aspects such as medical expenses, bike repairs, and loss of earnings you may have had as a result of the accident. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We will also seek to obtain interim payments where possible to help you to avoid financial hardship caused by the motorcycle accident that wasn’t your fault.

Whatever the nature of your injury, our aim is to get you the highest amount of compensation as quickly and stress-free as possible so that you can get your life back on track.

How long do I have to make a claim?

For the majority of cases, any claim for motorcycle accident compensation must be made within three years of the date of the accident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an accident dating back further. As specialist personal injury lawyers, we will be able to advise you on your rights.

Road Traffic Accidents

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

How do I make a compensation claim?

It’s best to get legal advice as soon as possible after your road traffic accident so that we can obtain crucial evidence and because there may be time limits.

We offer a Free No-Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the personal injury claims process, dealing directly with third parties and their insurance companies on your behalf to secure compensation for your injuries quickly and stress-free.

In some cases, road traffic accident claimants will make a personal injury claim through their car insurers’ solicitors. If you’re not happy with how your claim is being handled, you may be able to change legal advisors. If you’re looking for a local, specialist personal injury lawyer that can offer a more personal service, talk to us about moving your claim to us.

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

How we can help you

We can help you by:

  • Obtaining compensation for your road traffic accident claim;
  • Recovering any loss of earnings you may have incurred from your accident on the road;
  • Providing access to a replacement hire vehicle;
  • Recovering any policy excess with your own insurers;
  • Providing access to specialist rehabilitation care including physiotherapy;
  • Claiming for an accident involving an uninsured driver through the Motor Insurers’ Bureau (MIB) scheme.

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

How much is my road traffic accident claim worth?

The value of every compensation claim for a road traffic accident depends on the seriousness of the injury as well as the chances of you making a full recovery.

In handling your claim, we will also look at other financial aspects such as medical expenses, vehicle repairs, and loss of earnings you may have had as a result of the accident. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We will also seek to obtain interim payments where possible to help you to avoid financial hardship caused by an accident on the road that wasn’t your fault.

Whatever the nature of your injury, our aim is to get you the highest amount of compensation as quickly and stress-free as possible so that you can get your life back on track.

How long do I have to make a claim?

For the majority of cases involving road traffic accidents, claims for compensation must be made within three years of the date of the accident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an accident dating back further. As specialist personal injury lawyers, we will be able to advise you on your rights.

Serious Personal Injury

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

Who is responsible for my accident at work?

The responsibility for an accident at work is very often it is the employer, even though they may try to blame you or even discipline you for the accident. However, sometimes the accident might be the responsibility of a third party, for example, a building site main contractor. It might be due to the fault of a work colleague acting in a manner not related to the job. It might even be your own fault in whole or in part. If you are unsure, get in touch with our personal injury lawyer for a free initial case review in complete confidence.

Contact us

What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

Contact us

How do I make a compensation claim?

If you have suffered a serious injury, it’s best to get legal advice as soon as possible so that we can obtain crucial evidence and because there may be time limits.

We offer a Free No Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the complex personal injury claims process, dealing directly with third parties and insurance companies on your behalf to secure compensation for your injuries in a compassionate manner.

How much will my claim be worth?

The value of each compensation claim for a serious injury depends on the severity of the injury.

In handling your claim, we will look at financial aspects such as medical expenses, travel costs and loss of earnings you may have had as a result of the accident. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We will also seek to obtain interim payments where possible to help you to avoid financial hardship caused by a serious injury that wasn’t your fault.

Our aim is to get you the highest amount of compensation, quickly and stress-free, to secure the best possible future for you and your family.

How long do I have to make a claim?

For the majority of cases, any serious injury compensation claim must be made within three years of the date of the accident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an accident dating back further. As specialist personal injury lawyers, we will be able to advise you on your rights.

Work-Related Illnesses

Do I have a coronavirus (COVID-19) at work claim?

The law for employers has not changed despite the coronavirus pandemic. An employee may be entitled to compensation if they contract COVID-19 because their employer has not done enough to ensure that their workplace is ‘COVID-secure’.

Employers have a legal duty to their employees to take reasonable care for their health and safety and they must take reasonable steps to do this. In particular, employers must take steps to secure a safe system of work, safe premises, safe equipment, and competent staff.

If you believe you have contracted COVID-19 due to ineffective health and safety measures implemented at your place of work, you may be able to bring a claim against your employer and secure compensation.

In order for us to assess whether or not you have a COVID-19 at work claim, we would ask all potential applicants to answer the following questions and send us your answers by email in confidence to info@stonhewermoss.co.uk.

This will enable us to determine whether or not you have a case to bring a claim against your employer before arranging a free initial consultation.

Pre-Assessment Questionnaire

How long do I have to make a claim?

The standard three-year rule for personal injury claims does not apply for work-related illnesses or industrial disease claims.

In these cases, the general rule is that the limitation clock does not start ticking until the injured person becomes aware that they have an injury and that the injury is related to work. Once the limitation clock starts, then you generally have three years from that date to make a claim.

A typical example would be someone who worked in a noisy factory for many years in the 80s and 90s but who only became aware they had started losing their hearing in the last few years.

As specialist personal injury lawyers, we will be able to advise you on your rights.

How do I make a compensation claim?

Once diagnosed with a work-related illness or industrial disease, the next step is to get in touch with us as soon as possible to see if you have a claim.

We offer a Free No Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

Such cases are often complex and require a solicitor with experience and expertise in these types of claims as in most cases, there is not one single event which caused the injury, it may have developed during employment with 1 or more employers dating back many years, and some, if not all, of those companies, may no longer exist.

We will guide and support you throughout the personal injury claims process, dealing directly with your employers and their insurance company, tracking down companies if necessary, on your behalf to secure the compensation you deserve for your injuries.

How much will my claim be worth?

In handling your claim, we will also look at other financial aspects such as medical expenses and loss of earnings you may have had as a result of the illness. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment. The value of every compensation claim for a work-related illness depends on the seriousness of the injury as well as the chances of you making a full recovery.

We will also seek to obtain interim payments where possible to help you to avoid financial hardship caused by industrial disease, as well as making claims on behalf of families who have lost loved ones to a work-related illness or industrial disease.

Whatever the nature of your injury, our aim is to get you the highest amount of compensation as quickly and stress-free as possible.

Is personal injury compensation taxable?

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

Who is responsible for my accident at work?

The responsibility for an accident at work is very often it is the employer, even though they may try to blame you or even discipline you for the accident. However, sometimes the accident might be the responsibility of a third party, for example, a building site main contractor. It might be due to the fault of a work colleague acting in a manner not related to the job. It might even be your own fault in whole or in part. If you are unsure, get in touch with our personal injury lawyer for a free initial case review in complete confidence.

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What is an interim payment in a personal injury claim?

An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

What is the limitation period for a personal injury claim?

There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18th. is their 21st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

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Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

Stonehewer Moss Solicitors is a trading style of the Stonehewer Moss Limited, Registered in England No. 542 6583

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