FAQ  

Q Who will deal with my claim? [Top]
A

As a firm of Solicitors, regulated by the Law Society, we will manage your claim in house. We are not a claims management company - therefore we will not sell your claim on externally, nor will we take any sort of commission fee for acting on your behalf. Our solicitors take responsibility for your case from start to finish, so that you only have a single point of contact - the person actually dealing with your claim.

Q What if my accident/injury occurred years ago? [Top]
A

You have 3 years from the date of your accident or injury occurring to make a claim. Therefore we advise you to seek advice as soon as possible, to ensure that you can make a claim. If you have an industrial illness or disease, and did not realise this was the case - then the date your industrial illness or disease was diagnosed is the date used for calculation of the 3 year period. If your accident was outside the U.K. , then shorter time limits may apply dependant on which country you were in at the time of your accident. Please speak to our experienced team of advisors for further information.

Q Am I eligible to make a claim? [Top]
A

Each case is as individual as you are - so we will need to verify the circumstances of your accident. You are always eligible to make a claim if you have suffered a physical or psychological injury that wasn't your fault. Speak with one of our advisors as soon as possible so that we can determine whether or not you have a claim. It is not in our or your interest to proceed with cases that we do not feel will result in a successful outcome for you.

Q How much compensation will I receive? [Top]
A

Each case turns on its own merits. The amount of compensation you receive will depend upon a number of factors including your pain, suffering and any financial losses you have incurred as a direct result of your accident or injury. Please refer to our Claim Calculator for approximate figures. It will always be necessary to obtain a medical report confirming the nature and extent of your injury. The medical report will then be used to value your claim by reference to judicial guidelines and previous awards made by the courts in similar cases, i.e. precedent case law.

Q How long do I have to make a claim? [Top]
A

If your claim is the result of an accident, the usual time limit is 3 years from the date of the accident. If you are under 18, the 3 year period does not commence until your 18th birthday, and will therefore expire on your 21 st birthday. Different time limits may apply outside England and Wales .

Q How do I know if I have a claim? [Top]
A

You will generally have a claim if you have been injured due to somebody else's negligence or fault.  This may be your employer, a fellow worker, the driver of a car in which you are a passenger or indeed another driver or other road user.  We will be able to advise on whether you are likely to have a claim as soon as we have spoken to you.

Q What if the accident may have been my fault? [Top]
A

It is still possible to claim as long as somebody else was also at fault, but any compensation you recover may be reduced to the extent of your own liability for the accident. It would, obviously, not be possible to claim if your injury was entirely your own fault.

Q What type of injuries can I claim for? [Top]
A

You can claim for any physical injury or psychological injury.

Q How much will I get for my injury? [Top]
A

Each case is different.  It will be necessary to obtain a medical report confirming the nature and extent of your injury.  The medical report will then be used to value your claim by reference to judicial guidelines and previous awards made by courts in similar cases.

Q If my claim is against my employer, could they dismiss me? [Top]
A

If your employer dismissed you simply for making a claim, it would be likely to amount to unfair dismissal.  All employers are legally obliged to have compulsory insurance to compensate staff injured through the fault of the employer or a fellow worker.  This means that any compensation would be paid by your employer's insurance company, not by your employer.

Q Can I claim for financial loss? [Top]
A

You can claim for any financial losses incurred as a direct result of your accident including, for example: loss of earnings, travelling expenses, torn and damaged items of clothing and jewellery, insurance excess, prescription charges and physiotherapy fees. If you have any specific queries - simply call us and ask. We are at your service.

Q What if my accident happened abroad? [Top]
A

It is likely that you will still be able to make a claim, although different rules and time limits may apply, depending on where your accident occurred.  We will be able to advise you once we have discussed the accident circumstances with you.

Q How long will my claim take? [Top]
A

Every case is different.  The actual time taken for any case will depend on the extent of your injuries.  Lower value claims are often settle within a few months; more serious cases usually take longer.  However, whatever the nature of your injury, it is as much in our own interests as yours that we pursue your claim as swiftly and efficiently as possible.

Q Will I have to visit your office? [Top]
A

No, although you may prefer to do so if you live locally.  We act for clients on a nationwide basis and can usually deal with everything by letter, e-mail or telephone.

Q Will I have to fill out loads of paperwork? [Top]
A

We will be able to deal with most of the paperwork for you, but you will have to check that it is accurate before signing. We will, of course, explain and guide you through every step of your claim and the likely length of time things will take.

Q What will I have to do? [Top]
A

You will have to provide us with all relevant information about the circumstances of your accident.  You will be expected to co-operate with us and provide information to us when requested to do so. You should not do anything to delay or prejudice your claim. Just ask and we will guide you through the claims process, no matter what your enquiry will be.

Q Will I have to go to court? [Top]
A

The vast majority of claims involving personal injury cases settle out of court without the necessity to attend court. In those rare circumstances where your claim does go to a final hearing, we will ensure you have the best possible legal representation for your case.

 

 

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advice@berkleyssolicitors.co.uk  


Tel: 0870 446 0704  
Fax: 0870 446 0706   advice@berkleyssolicitors.co.uk

Berkleys Solicitors is regulated
by the
Solicitors  Regulation Authority -
No. 490629

 

Berkleys Solicitors
 20 Easton Street, High Wycombe, Bucks, HP11 1NT   Tel: 0870 446 0704   Fax: 0870 446 0706   advice@berkleyssolicitors.co.uk