Personal Injury ‐ FAQ

Can I still bring a claim even if I was partially to blame?

If you are found to be partially responsible for an accident this will only reduce the amount of compensation you receive, it does not mean there is no claim.

How long do I have to bring a claim?

The general rule is that a claim must be brought within 3 years of the date of the accident. However, there are exceptions, e.g.:

  • If you were not aware that you had suffered injury until sometime after the incident, you may have 3 years from the date that you first became aware of your injury.
  • If you did not realise that an injury was due to a past incident, you may have three years from the date that you knew of or should have realised the link between the two.
  • If you are under 18 the 3 year period does not start until your 18th birthday so you have until 21.
  • For accidents on water and in the air the limit is 2 years

How long will my claim take?

It is difficult to say how long a claim will take until it is underway. Much will depend on the other party's position. A relatively straightforward claim involving non-serious injuries should be concluded within 12 months.

It is important that you do not settle your claim too early as once a settlement is reached you cannot obtain any more compensation even if your injuries get worse rather than better.

How much is my claim worth?

Compensation depends on how seriously you have been injured, how long it will take you to recover and the impact of your injuries on your home, work and social life. The consequences of the same injury will vary from person to person.

In addition you may also claim for out of pocket expenses, loss of earnings, care and assistance and items damanged in the accident.

As we learn more about you and your injury, and obtain evidence in support medical reports we will be able to assess how much your claim is worth.

Why should I use Fosters' Personal Injury Team?

  • We have one of the most experienced, dedicated and specialist personal injury teams in East Anglia.
  • We are recognised as a leading personal injury and clinical negligence department by the Legal 500.
  • Half of our clients instruct us because someone else recommends us.
  • We don't just deal with straightforward claims. We are not afraid to take on unusual and complex claims.

Will I have to go to Court?

Very unlikely. Over 90% of all claims are resolved without the need to issue proceedings. Of those that do very few end up in Court.

Will I have to pay my legal fees?

The vast majority of our cases are handled on a 'no win, no fee' basis. This means that if you win most of your legal costs will be paid on top of your compensation. You are guaranteed to keep at least 75% of what you win. If you lose, you will only have to pay your legal costs in certain limited circumstances. It is possible to insure against this risk at no cost to you.