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Frequently Asked Questions

With more accidents on the road, work related accidents and slips, trips and falls being reported than ever before, What’s My Claim Worth can answer your most asked questions on how to make a claim.

What can I claim for?

The aim of the award of damages in a personal injury claim is to restore you to the position you were in before your accident or injury occurred. Your award for damages will be split into two parts:

General damages – these are to compensate you for the pain, suffering and loss of amenity you have suffered as a result of the accident.

Special damages – these are items of financial loss you have sustained as a result of your accident, such as loss of earnings.

You will find more detailed information here.

Will my claim go to trial?
Not every claim for personal injury goes to Trial. You will find more information on the claims process here.
Have I got a claim?
Call now on 0800 025 0000.  One of our Solicitors will advise you today on whether a claim can be made.
What is personal injury?
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. Click here to find out more.
How do I value my personal injury claim?
As a guide, you can use the Claimometer or for a more accurate assessment please call us on 0800 025 0000.  For more information please visit how to calculate a personal injury claim
What should I do after my whiplash accident?
Please visit our whiplash claims page for more help and advice on what you should do if you have suffered a whiplash injury.
Should I consult my doctor about my injuries?
Yes, you should consult a doctor and obtain the appropriate treatment for your injury or illness. This will also provide documentary evidence to support your claim.
What is an interim payment?
An interim payment is a part payment or a payment on account of your compensation made in advance of any final settlement. It’s a great way of providing you with a little financial help before you receive your compensation.

How do interim payments work?

An interim payment may be made by agreement with the Defendant, as long as they admit responsibility for the accident which caused the serious injury. If the Defendant refuses, the Court can order an interim payment to be made once proceedings have been issued, provided certain criteria are met.

What can interim payments be used for?

Interim payments may be used to pay for private medical treatment, rehabilitation support and equipment, adapted accommodation and any care you may need, as well as helping you improve your overall quality of life while you recover.

Interim payments can also be used to replace any loss of earnings you may have incurred as a result of your injury, so that you can pay essential bills, for example.

How much can I claim?

The amount you receive as an interim payment depends on the likely final value of your claim. However, an interim payment will not be more than ‘a reasonable proportion’ of the overall amount of compensation that is likely to be paid.

How will this affect my final compensation?

When your final compensation is awarded, the interim payments will be deducted from the total amount of compensation you receive.

For more information and advice on interim payments, speak to one of our solicitors today on 0800 025 0000.

How are loss of earnings calculated?
If you suffer an injury that prevents you from being able to work then you will be entitled to recover the loss of earnings sustained over the period of absence.

If you have already returned to work prior to settlement of the case, loss of earnings will be calculated by taking the average weekly net earnings prior to the accident and multiplying this figure by the number of weeks you were absent.

Calculating future loss of earnings

The calculation of future loss of earnings is a little more complicated. While the same rule applies to future losses as it does to past losses, assumptions have to be made about life expectancy, probable career paths, inflation and the future value of money.

To help calculate a lump sum, the Courts will use what is known as a ‘multiplicand’ and ‘multiplier’ approach. They will calculate the multiplicand, which is the annual loss at today’s rates, and apply a multiplier based on the period of loss, which is selected from a set of statistical tables known as Ogden Tables.

How long do I have to make a claim?
Personal injury claims following an accident can be made up to three years after the accident occurred, or three years after you discovered the injury was linked to the accident. This means that court proceedings would be issued within the 3 years. The Court may exercise its discretion in extending this time limit, but this is not guaranteed.

For children, this rule is slightly different. Any injuries suffered by children can be claimed for three years after they turn 18. So, for example, even if your child suffered an accident when they were aged 15, they would still have until their 21st birthday to issue court proceedings for a personal injury claim.

What about an industrial disease?

When it comes to industrial diseases such as those caused by  exposure to asbestos or excessive noise, symptoms can take several years to develop. In this instance, you would have three years from the date you became aware of symptoms which you connected in part or in whole to your work in which to issue Court proceedings.

In all instances, the sooner you begin your claim the better, as it easier to prove the direct link between the accident or your exposure and the injuries suffered.

Do my employers have to pay me sick pay after an accident?
In most instances, if you require time off because of an accident at work, you should be entitled to Statutory Sick Pay. Your employer may have a scheme for paying you more for time off caused by accidents or may even decide to pay extra depending on what has happened. You should always check your Contract of Employment.
Who pays the legal costs of my claim?
The general rule is that if you win your personal injury claim then your opponent pays your legal costs. On the other hand, if you bring an unsuccessful personal injury claim then you would normally have to pay your opponent’s costs.

However, a Conditional Fee Agreement (CFA) – the official name for a no win, no fee agreement – ensures that if you do not win your personal injury claim, you do not have to pay your solicitor a fee for the time spent working on the case. Insurance will also cover you against the other side’s costs and any other expenses you may incur whilst pursuing your claim.

If your claim is successful you will be required to pay your solicitor for any costs that the losing party has not paid. However, at What’s My Claim Worth we guarantee that you will pay no more than 25% of the compensation awarded to you.

You will find more detailed information about costs here.

Can What's My Claim Worth arrange rehabilitation on my behalf?
Where it is clear that a client needs rehabilitation to maximise their recovery, improve their quality of life and speed up their return to work, we will work with the defendant’s insurer to make arrangements for rehabilitation or medical treatment.

If liability for your accident is accepted by the third party, they will often agree to fund the cost of treatment. In some cases, it is even possible to obtain an interim payment from the third party to assist with these costs.

Can I transfer my case to What’s My Claim Worth?
Of course, if you have already started pursuing a personal injury claim with another legal firm and are unhappy about the way your claim is being handled, you have every right to ask for a second opinion and transfer your case.

Transferring your case to What’s My Claim Worth is easy. We will take care of all the arrangements for you and in most cases, you don’t even need to explain anything to your current solicitor.

At What’s My Claim Worth, we have helped thousands of people get the compensation they deserve. You can find some case studies and testimonials from some of our happy clients here.

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