Road Traffic Accident Claims - No Win No Fee

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 will I get Personal Injury compensation for? – Video Transcript

A lot of clients ask us ‘What can I claim compensation for?’. For most claims, there’s two different aspects to it. There’s General Damages and there’s Special Damages. Your General Damages relates to your injury aspects of your claim, which is your pain, suffering and loss of amenity. That takes into account obviously how bad the pain was, how long you suffered for and what it’s impacted in your life in terms of what you can and can’t do now going forwards. In addition to that you’ve got your Special Damages which is your out-of-pocket expenses. These are loss of earnings, care and assistance, travel, it might be a sports membership or something like that that you can no longer use due to the accident. It’s obviously for the claimant to always prove their losses on those ones. So if you’re unaware of how to prove it, or what you need to show it, you can either check out one of our other videos or give us a call and we can go through it with you.

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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 18^th. is their 21^st 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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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. 

No Win No Fee

When it comes to making a personal injury claim, one of the most important things to consider is how you will fund your case. After all, taking legal action can be costly, and if you don’t have the right funding in place, you may find yourself struggling to cover the costs.

No win no fee arrangements can be extremely beneficial for claimants, as they provide access to justice regardless of their financial situation.

However, it’s important to remember that not all no win no fee solicitors are the same. Some may charge hidden fees or have strict conditions in place, so it’s always worth doing your research before you choose a solicitor to work with.

No win no fee agreements have become a popular way for personal injury claimants to pursue compensation. But what exactly are they and what do you need to know about them? Stonehewer Moss Solicitors we will explain everything you need to know about no win no fee agreements, including how they work and the pros and cons of using them. 

What Is a Success Fee?

If your claim is successful then you become liable to pay your solicitors base costs, plus any success fee they charge. The success fee is very often misunderstood and often confused with the solicitors overall cap on costs. To be clear the success fee forms part of the overall costs charged, that is, the base costs plus the success fee.  

At Stonehewer Moss we apply an overall cap on the costs we charge you based on the amount of compensation you receive. This overall cap is typically between 18% and  30% of the compensation amount recovered, although this will be subject to your individual circumstances. This is a cap both on your liability for your base fees in general and the success fee added together.  

Accordingly when considering which law firm to use it is therefore much more useful (and much easier to understand) if you just ascertain what the overall cap is on your liability for legal costs is, as this is the amount that you will usually pay.

At Stonehewer Moss there is an overall cap so that your liability for all your legal costs will never exceed 30% of the damages you are awarded and can be as low as 18%.

No Win No Fee

When it comes to making a personal injury claim, one of the most important things to consider is how you will fund your case. After all, taking legal action can be costly, and if you don’t have the right funding in place, you may find yourself struggling to cover the costs.

No win no fee arrangements can be extremely beneficial for claimants, as they provide access to justice regardless of their financial situation.

However, it’s important to remember that not all no win no fee solicitors are the same. Some may charge hidden fees or have strict conditions in place, so it’s always worth doing your research before you choose a solicitor to work with.

No win no fee agreements have become a popular way for personal injury claimants to pursue compensation. But what exactly are they and what do you need to know about them? Stonehewer Moss Solicitors we will explain everything you need to know about no win no fee agreements, including how they work and the pros and cons of using them. 

What Is a Success Fee ?

If your claim is successful then you become liable to pay your solicitors base costs, plus any success fee they charge. The success fee is very often misunderstood and often confused with the solicitors overall cap on costs. To be clear the success fee forms part of the overall costs charged, that is, the base costs plus the success fee.  

At Stonehewer Moss we apply an overall cap on the costs we charge you based on the amount of compensation you receive. This overall cap is typically between 18% and  30% of the compensation amount recovered, although this will be subject to your individual circumstances. This is a cap both on your liability for your base fees in general and the success fee added together.  

Accordingly when considering which law firm to use it is therefore much more useful (and much easier to understand) if you just ascertain what the overall cap is on your liability for legal costs is, as this is the amount that you will usually pay.

At Stonehewer Moss there is an overall cap so that your liability for all your legal costs will never exceed 30% of the damages you are awarded and can be as low as 18%.

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.

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.

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.

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.

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.

Injured whilst travelling as a passenger in a taxi, can I claim compensation?

Road Traffic Accidents are unfortunately very common, not only can drivers be injured but also their passengers. Whilst travelling in a taxi the driver has a duty of care towards their passenger,  to drive responsibly and keep them out of harms way.

If you were injured in a taxi due to the negligence of your driver or another road user, you may have a viable claim for injury compensation.

It is important to note that if you were not wearing a seatbelt during the time of the accident, you may still be eligible for compensation but the value of this would decrease significantly, as you may have partially contributed to the injuries you sustained.

Following an accident, you should take photos of the accident site as well as the details of the taxi driver, the other party/parties involved as well as any key witnesses to the event. If your driver is at fault, your claim may be pursued against their own insurance policy, or the company they work for. 

After seeking medical attention, it is important that you speak with an accredited personal injury solicitor such as Stonehewer Moss, to ensure you understand the extent of your personal injury claim as well as the legal process to obtaining compensation.

If I am involved in a road traffic accident a professional driver, do I claim against the other road user(s) or my employer?

Road Traffic Accidents are one of the most common personal injury claims made by UK citizens each year. As a professional driver, you are at a higher risk of being involved in an accident due to the amount of time you will spend on the road.

It is the legal duty of any professional driver employer to conduct regular health and safety checks, to ensure that you have adequate training and that your work premises are managed and maintained to a sufficient standard.

It is also good working practice to report any new health and safety issues to your employers at the earliest convenience.

If you have sustained an injury after having been involved in an accident with another motorist whilst driving on the job, your personal injury claim would most likely be settled by the other motorist’s insurer if they were at fault.

If it’s your own fault, it may be the case that you will not have a claim for compensation however the situation might be different if the accident was caused by a defect in the vehicle, a lack of training given to yourself by your employer, or some other health and safety failing for which your employer might be liable.

In such cases it might be that you would have a claim against your employer. Also there are circumstances where the highways agency might be to blame, for example, for failing to grit the highway in cold weather, or failing to maintain the highway to a reasonable standard in some other way.

It is always wise to speak with a legal professional with regard to any Road Traffic Accident you have been involved in, as they will be able to help you understand the legal process as well as advise you on next steps with regard to your personal injury claim.

I broke my arm after being hit by an E-scooter when crossing the road. Who is at fault? Can I be compensated?

E-scooters are becoming an increasingly popular mode of transport, especially for those living in large towns and cities. In these areas however, there are far more pedestrians walking alongside and crossing the roads.

The number of pedestrians and E-scooter drivers on the road at the same time spikes around peak times when people are commuting to work, which can be dangerous for road users if they do not remain vigilant.

E-scooters are quick and tend to have quiet motors which means they can be hard to see and hear on approach, pedestrians therefore run a high risk of colliding with an e-scooter if the driver fails to stop in time.

If you have been involved in an accident with an e-scooter, you will need to prove that the accident was caused due to the negligence of the driver.

Evidence of this could be obtained through CCTV or dashcam footage, police reports, medical notes as well as witness statements. Enlisting the help of a Personal Injury Solicitor would significantly benefit you as they would be able to advise on the legal process and obtain this information for you.

I was hit by a car when riding an E-scooter in a designated area, I am currently off work because of my injuries. What do I do?

Whilst it is now very common to see people riding e-scooters along the roads and pavements in the UK.

Unfortunately, due to the limited protection afforded to the riders, this means the rate of e-scooter related accidents has surged and the number continues to rise.

Although encouraged, it is not a requirement to wear protective gear or a helmet when hiring an e-scooter and due to their limited braking capacity and high speeds, it is common to hear of accidents involving both scooter riders and other motor vehicles.

The impact these accidents have on people’s lives can be catastrophic, injuries include severe fractures, injury to the head, neck or spine and sadly some fatalities have been reported.

There are however, a lot of responsible e-scooter users who are involved in accidents through no fault of their own. These can occur due to pot holes in the road or through the negligence of another road user.

If you have been struck by another vehicle whilst riding an E-scooter through no faut of your own, you most likely will be eligible for compensation.

This compensation would include the loss of earnings you have suffered as a result of the accident. It would be beneficial for you to speak with a legal professional in order to determine the level of compensation you could be granted, as well as how to proceed with your claim.

What do I do if I was injured as a pedestrian in a hit and run road traffic accident?

Being involved in a pedestrian road traffic accident can be an incredibly scary and shocking experience. Mostly because pedestrians are considered the most vulnerable of road users, who take the full force with little to no protection when coming into contact with other vehicles.

The outcome of pedestrian accidents can be catastrophic. Whilst some victims may suffer from broken limbs and severe lacerations, there are others who are left with irreversible physical and psychological damage or sadly pass away from their injuries.

Pedestrian accidents occur frequently at road crossings and in the night time where visibility is low. Frequent causes often include drunk and disorderly driving, poor road maintenance and obstructed walkways.

These types of claims are not always straightforward, there have been many cases in which the pedestrian has been found to be fully or partially at fault for their injuries and this is for reasons such as not looking before crossing a road, crossing roads in dangerous circumstances and wearing dark clothing whilst walking on a road at night time. This however shouldn’t put you off seeking advice.

If you have been involved in an accident as a pedestrian the most important thing to do is get the urgent medical care you need. You should then try to acquire as much evidence you can in support of your claim, in the form of witness statements, CCTV/dashcam footage, together with pictures of both the accident scene and your injuries – a family member or close friend may be able to help you with this. It is then recommended that you seek legal advice.

Stonehewer Moss offer a no-win, no-fee service, as well as free consultations to discuss your potential claim prior to progressing.

Accredited Personal Injury lawyers like those at Stonehewer Moss are highly skilled and experienced in dealing with the complications of accident claims. With the evidence gathered from the accident our solicitors can provide you with expert advice and work to attain the compensation you deserve.