Personal Injury Lawyer

If you go to court to get compensation for the injury, the doctor will be asked to provide a medical report gather evidence about the accident and injuries. For example, it may be useful to take photographs of the scene of an accident and of what caused the injury. You should also, if possible, write an account of the incident while details are still fresh in your mind. If there are witnesses, you should make a note of their names and addresses.

What are the different ways of getting compensation for a personal injury?

using a claims assessor

taking legal action in a civil court

making a claim to the Criminal Injuries Compensation Authority

What type of compensation is available?

If you have suffered a personal injury, you may be able to claim two types of compensation, general damages and special damages. General damages are paid as compensation for an injury, for example, a payment for pain and suffering or loss of future earnings. The court will decide on the amount to be paid. Special damages are paid as compensation for actual financial loss caused by the accident up to the date of the hearing.

How do I pay for my claim?

If you decide to go to court, there are a number of options to fund the claim.
Conditional fees
These are also known as "no-win/no-fee" agreements. Legal fees are generally only payable if you win your case and if you lose and have to pay your opponent's costs you may be covered by insurance.
Legal expenses insurance
Legal expenses insurance may be part of your household and contents insurance policy or as a separate insurance policy.
Community funding (Legal Aid)
Legal Aid is not usually available to make personal injury claims, although it may be available for clinical negligence claims. The Legal Services Commission will decide whether legal aid should be granted, taking into accounts the merits of the claim and the finances of the person applying. If your claim is successful the defendant should pay the legal costs.
Membership organisation
A trade union or other membership organisation such as the AA or RAC may fund the claim.
The claimant pays
If you win your case, your opponent will usually be ordered to pay most, if not all of your costs. If there is a shortfall, you will be responsible for this. If you lose the case, it is likely you will be ordered to pay the other side's costs as well as your own.
After the event insurance
Insurance policies are available to insure against this - the premium is likely to be substantial but may be partly or wholly recoverable from the other side if you win. It is also possible that if you win, your opponent may not pay what they have been ordered to pay. If your opponent has community funding (Legal Aid), you may not recover costs even if you do win.

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