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Frequently Asked Questions About Making A Claim

How Do I Begin My Claim?

Personal injury claims can arise for a variety of different injuries and illness. If you have sustained an injury through no fault of your own, there’s a chance that you may be entitled to compensation. If you think you may be able to bring a claim for personal injury, we recommend that you speak to one of our expert team.

You can speak with a member of our team via the following methods:

By phoning our Freephone service on 0800 000 0000;
By visiting our website and completing the form at the top of this page; or
By engaging in our live chat service.
By requesting a callback

Our highly experienced and friendly staff will be more than happy to address any concerns you may have and consider your options.

Who Will Handle My Claim?

Once you have spoken to one of our advisors and provided some basic information, your claim will be passed to a carefully selected member of our expert team who will guide you through your claim. If for any reason it is in your interest that the claim is transferred to another member of our team during the process, you will be advised and updated accordingly.

How Long Do I Have To Bring My Claim?

In most circumstances, you may only bring a claim for personal injury if the accident has occurred within the last 3 years. However, this may be different if the injured party was under 18 at the time of the accident or the accident occurred in a different country.

We always recommend that you seek legal advice at your earliest opportunity.

How Much Does It Cost To Claim?

The majority of claims we handle are funded on a no win, no fee basis. This means that you won’t have to pay out any money from your own pocket whilst bringing your claim. We will cover all ‘disbursements’ paid out on your behalf, which will consist of all sums paid to third parties to help prepare your case, including court fees, medical reports or other expert witnesses.

If your claim is successful, the legal costs will be deducted from your final settlement award. There will be a cap on this figure, to ensure that you retain the majority of the compensation you have been awarded.

If your claim is unsuccessful, you will not be liable for our legal costs.

How Long Does It Take To Settle A Claim?

It can be extremely difficult to estimate the likely period of time before settlement, as each claim will vary depending on the type of injury sustained and whether liability is in dispute. The majority of claims with short-term self-limiting injuries settle within 9-12 months, while claims with more serious or on-going injuries will often take longer to settle.

We find it is in the client’s best interests to wait until a full recovery is made before reaching a settlement as you could find that complications occur and the severity of your injury, including its future impact, increases. Throughout the process, our solicitors will regularly review the likely timescale of any settlement and advise as to the next steps.

How Much Compensation Will I Get?

Many of our clients look for the answer to this question at the start of their enquiry. Unfortunately, it is not easy to put a solid ‘value’ on a claim before medical evidence has been obtained. This is because the medical evidence will help identify the likely prognosis and estimated recovery time of an injury.

However, there are guidelines we can use to provide a rough value for claims. Our claims calculator is based on past cases involving similar injuries as set out by the Judicial College. The calculator is handy to give prospective clients an idea of how much compensation claimants have been awarded for similar injuries but should be used as a guide only as it would be impossible for it to take into account all the necessary factors required.

What Can I Claim For?

There are two types of recoverable damages in claims for personal injuries:

General Damages: Are an award to compensate for the pain & suffering an individual has undergone as a direct result of an accident. This element would take into account physical injury or impairment, emotional distress & anguish and any loss of amenity.

Special Damages: These are damages which relate to financial losses which have been or will be incurred. These can be past, or future expenses and include, loss of earnings, medical treatment, transportation costs and the repair or replacement of damaged goods.

Some of the factors taken into account when calculating both elements of damages will be:

How the accident has affected your daily life;
The length of time it has or will take you to recover from your injuries; and
Your ability to work.

What Do I Need To Prove?

In order to settle a claim, we will need to establish the following factors:

The defendant is legally at fault in causing or failing to prevent the accident;
The accident occurred in the manner in which we claim; and
The losses you have suffered have occurred as a result of the accident.

How Are Claims Settled?

Whilst each case is different, claims are often settled by negotiation outside of Court. However, if a fair settlement cannot be reached, proceedings will need to be issued and the Court will decide whether to award compensation.

Will I have to go to court?

Whilst we cannot guarantee that you will not have to go to court, from our experience, the vast majority of claims settle outside of court, with fewer than 3% of claims reaching trial. It is in the interests of both parties to try and settle without proceeding to court and incurring additional delays or costs.

Whilst cases are generally settled before reaching this stage, in the unlikely event that you did have to attend court, there is no need to be concerned as our team will be with you every step of the way.

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Start Your Personal Injury Compensation Claim

Being injured through no fault of your own is often difficult enough by itself – the last thing you need to worry about are the financial implications of your accident.

Our team of experts have recovered millions of pounds for our clients and there is absolutely no risk to you in pursuing a claim. Simply provide us with some basic information to get things started and we’ll support you through the entire process.

We Recover your Loss of Earnings

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Gowing Law are a professional law firm that specialises in the personal injury sector of the industry. Gowing Law are Authorised and regulated by the Solicitors Regulation Authority (SRA).