— FREQUENTLY ASKED QUESTIONS
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You normally have three years from the date of the accident to start a personal injury claim in England and Wales. There are exceptions. For children, the three years does not begin until their 18th birthday. For people who lack the mental capacity to conduct their own claim, the time limit does not run at all. Where an injury or its cause only became apparent later, time can run from the date of knowledge instead. Claims through the Criminal Injuries Compensation Authority operate under a different and shorter time limit.
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No win, no fee is the everyday name for a Conditional Fee Agreement. If your claim does not succeed, you pay nothing for your solicitor's work. If it succeeds, a success fee is deducted from your compensation. The success fee is capped by law and is agreed with you in writing before the claim begins. There may also be an after the event insurance premium and disbursements such as medical report fees, which in successful claims are usually recovered from the other side.
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In most cases, yes. Where an injured person contributed to what happened, compensation is usually reduced by a percentage reflecting their share of responsibility rather than refused altogether. This is known as contributory negligence. Whether it applies, and by how much, depends on the facts of the individual case.
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Most personal injury claims settle by negotiation without a court hearing. Court proceedings are sometimes issued to keep a claim moving or to protect a time limit, and even then the majority of claims settle before reaching a final hearing.
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There is no fixed amount. Compensation has two parts. General damages cover the injury itself and its effect on your life, valued by reference to the Judicial College Guidelines and supported by a medical report. Special damages cover your actual financial losses, such as lost earnings, treatment costs, travel to appointments and care. Whiplash injuries from road accidents are valued differently, under a fixed government tariff based on how long symptoms last. Every claim is different and outcomes depend on individual circumstances.
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Injuries Direct is a trading name of NJS Law Limited, a solicitors' firm registered in England and Wales, company number 15170704, authorised and regulated by the Solicitors Regulation Authority under SRA number 8006550. Your claim is handled by the firm and is not sold on to a panel of other solicitors.