Accident Claims
Claims throughout the UK are dealt with using the no win no fee scheme and compensation is paid in full with absolutely no deductions. We are not a claims management company and there is no need to finance any claim as it proceeds and you will never be asked to take out any loan or pay for any expenses or insurance policy.
JMW Solicitors are able to deal with a wide range of situations varying from minor injuries including whiplash and sprains right through to injuries of the utmost severity including brain damage and spinal cord injury. We are able to assist the spouse or dependents of anyone who has been killed in an accident and can in certain circumstances deal with accident claims arising abroad.
The no win no fee scheme operates in such a way that we will not be paid a penny unless your claim is successful and even then nothing is deducted from those damages as we are paid separately by the other party or their insurers. If the case is lost then we write of our legal costs and any other expenses incurred. Our claims are truly risk free with no necessity to put your hand in your pocket at any stage. Not all solicitors operate in this way and not all claims companies pay compensation in full.
Damages that are awarded which may in certain circumstance be eligible for the addition of interest, fall into two main categories :-
1. Special damages represent compensation for items that cannot be calculated accurately and must to some degree be assessed and includes pain and suffering, certain future losses and changes in lifestyle or work enjoyment.
2. General damages represent compensation for losses than can be calculated exactly and includes past wages losses and general expenses which are usually proved by production of receipts and estimates.
Even if you believe that you were partially to blame for an accident a claim can still be made on your behalf and in those circumstance the doctrine of ‘contributory negligence' will come into play whereby if for example you were 50% to blame for the accident then you will receive 50% of the damages that would have been awarded if the accident had been entirely the fault of the other party involved.
Limitation refers to the time limits within which accident claims must be made if the matter is not to become statute barred thereby depriving the innocent victim of the right to receive damages. UK legislation requires that a claim is either settled or legal proceedings must been issued in a court of law within three years of the accident or the right to claim compensation may be lost forever. There are certain rare exceptions to this rule including minors and the mentally ill and the court does have discretion to extend the limits in certain rare circumstances. If there is any doubt on these issues then professional and qualified legal advice should be obtained as soon as possible after the event giving rise to the potential claim.
