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.
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.
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.
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.
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.
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.
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.
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.