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FAQ: Personal Injury

Our experts have provided some information and answers here to some frequently asked questions regularly raised by our clients about personal injury claims.

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

Yes.  You will still have a claim even if you believe you were partly (or even mainly) responsible for the accident.  There are no hard and fast rules about this.  Every claim is different.  It is always worth asking the question.

How long do I have to bring a claim?

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

  • If you were not aware you had suffered injury until sometime after the incident, you may have three 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 known of the link between the two.
  • If you are under 18, the three year period does not start until your 18th birthday so you have until you are 21.
  • For accidents on water and in the air the limit is two years.

If you are in any doubt, ask the question as soon as you believe you may have a claim.  There are many circumstances in which a claim can be brought outside the usual three year limitation period.

How long will my claim take?

 There is no such thing as a “typical” claim and therefore no specific time period as to how long a claim will take.  Much will depend on the other party’s position.  A relatively straightforward claim would normally be concluded within 12-18 months.

How much is my claim worth?

 Again, there is no such thing as a “typical” claim – every claim is individually assessed.  The amount of compensation you receive would depend on a number of factors including the severity of your injuries, how long you will take to recover and the impact of your injuries on your work, home, and social life. The consequences of the same injury will vary from person to person.  You may also claim for out of pocket expenses, loss of earnings, care and assistance and items damaged in the accident.  As we learn more about your injury, and obtain evidence in support 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 department by The Legal 500.
  • More than half of our clients instruct us because someone recommended us to them.
  • 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?

Highly unlikely. Over 90% of all claims settle without the need to issue proceedings. Of those where proceedings are issued very few go to trial.

Will I have to pay my legal fees?

Highly unlikely. The vast majority of our cases are handled on a ‘no win, no fee’ basis. This means 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 and in practice this is often more.