FAQ for Personal Injury Claims Kingston London

FAQ for Personal Injury Claims Kingston London

Having had your cycling injury you may have questions about the process and what can happen?

Below we provide some common questions and answers.

If the question you want to ask is not covered either go to the “How Do I Claim” page, or simply call Vashti on 07789 085970 or complete our Contact Form.

What is a No Win No Fee agreement?

It is an agreement entered into between you and our solicitor in relation to your legal costs. If your claim is not successful we agree not to charge you in relation to any legal costs that we incur.

How long will it take?

It depends upon your injuries. The more serious your injuries (and therefore your recovery time) the longer the claim will take. For most straight forward cases involving bruising, lacerations and the like – where liability is not in dispute, the claim should be settled within 3 – 6 months.

If liability is in dispute and the case has to go to Court, the claim could take longer. On average it takes 9 months from the commencement of formal legal proceedings for a case to come to trial.

What can I claim for?

In addition to your claim for the injury you have suffered you can claim for a number of things:

  • Earnings lost whilst off work – together with any bonuses you may have lost
  • Travel expenses. If you used your bike to go to work prior to the accident and now have to take public transport to work – you can reclaim these additional costs. If you have made trips to your GP, the hospital or physiotherapist – these travelling expenses and parking charges can be recovered
  • The cost of repair or replacement of your bike and any accessories
  • The cost of replacement of any helmets or clothing damaged or destroyed
  • The cost of medication (over counter or prescription) and other first aid appliances (bandages, plasters, ibuprofen gels)
  • The cost of damaged property (but retain the items for inspection!) e.g.: mobile phones, lap top being carried, wrist watch, spectacles
  • All treatment costs and even the cost of any surgery (including dental work). You are entitled to have this treatment privately.
  • In addition you can claim compensation for care received that aids your recovery such as a friend or family member (who does not ordinarily live with you) assisting you with hoovering and other domestic duties, any personal care – such as a assisting you washing your hair, helping you in an out of a bath.
  • If you were about to go on holiday and were either unable to do so, or did – but found that your enjoyment of the holiday was ruined, you can make a claim.

To get started just call 07789 085970 now or complete the Contact Form.

Will it go to Court?

The vast majority of cases settle without the need for court proceedings. (Approximately 75% settle without the need for legal proceedings. Of those cases that court proceedings are actually commenced – only 1% actually come to trial before a Judge).

Court proceedings are really only necessary in 3 instances:-

  1. The insurers for the other party do not accept liability. If the insurers are not prepared to accept their responsibility for the claim and we feel you have a good case, we would recommend that Court proceedings are issued. Sometimes the threat of court proceedings alone can encourage the insurers to take a more positive approach to the claim.
  2. The insurers for the other party are not prepared to pay you what we feel your claim is worth. Once we have valued your claim we will enter into negotiations with the insurers. There is usually a bracket for every claim. So, for example, we may say your claim is worth in the region of £3,000 to £4,000. If the insurers are not prepared to pay you what your claim is worth, and certainly their valuation is outside our bracket, then we would recommend that court proceedings are issued. Remember – although proceedings are issued, the insurers can still make offers of settlement and may well do before the case is set down for a final hearing date and at anytime right up to and before it is brought in front of the judge.
  3. You have 3 years from the date of the accident to either settle your claim or commence legal proceedings. If proceedings are not commenced within this time, you may lose your right to bring the claim. If we have not agreed your claim – for whatever reason – within this time, and the time limit is approaching we would recommend that proceedings are issued.

If your case goes to Court you and any witnesses will have to attend. We will however try to ensure that the Court is as local to you as possible.

What support will I have?

You will have our support throughout the entire claims process. Our qualified Solicitor; who specialises in cycling personal injury claims, will give you advice on the ‘phone, in person, and in writing provided your claim qualifies and has a strong probability of winning.

If your Solicitor here feels they need a second opinion or support from a Barrister then a Personal Injury Specialist Barrister from one of London’s Top Chambers will be enlisted – at no additional cost to yourself!

In addition you will have all the medical support you need – Consultants to advise, Physiotherapists or any other treatment providers as recommended, Counsellors and psychological therapists if necessary, Pain Management Consultants and any other treatment or medical requirement.

Any X-Rays, MRI Scans, CAT Scans that are necessary to help your medical expert diagnose the full extent of your injury or decide what to do to treat you will be covered.

In respect of your property damage (bike, helmet, personal effects lost or damaged) we aim as far as we can to obtain interim payments to cover the cost of replacement or repair where necessary.

How much compensation will I get?

How much compensation you are entitled to depends on a number of  factors:-

  1. What type of injury:  So a broken foot, will attract a higher level of compensation than soft tissue injury or bruising.
  2. How long the symptoms last for:  So, a whiplash injury which is expected to last 6 months will attract a lower level of compensation than a whiplash injury which is expected to last 12 months.
  3. How the injury impacts upon your day to day life:  An office typist would arguably achieve a higher award for a broken wrist than say a receptionist in the same firm who uses a hands free telephone system.

Some rough examples are as follows:

Whiplash injury to the neck where a
full recovery takes place within 1 – 2 Years         £3,100  to  £5,600

Fractured clavicle                                           £3,650  to  £8,700

Fractures of the forearm                                  £4750 to £13,700

Wrist Injuries:-

An uncomplicated Colles’ fracture.                     In the region of £5,300

Very minor undisplaced or minimally displaced fractures and soft tissue injuries necessitating application of plaster or bandage for a matter of weeks and a full or virtual recovery within up to 12 months or so.       £2,500 to £3,375

To get started just call 07789 085970 now or complete the Contact Form.

Vashti Norman – Solicitor Regulated by the SRA

This page © Copyright 2012, Vashti Norman Solicitor, Mediator and Notary Public.

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