What can I do to assist before I come and see you?

In order to assess your claim, we advise you to obtain as much information as you can before coming to see us. If you can you should try to:

• Obtain photographs of the accident site, with size comparisons if appropriate
• Draw a map of where the accident occurred.
• Obtain photographs of your injuries
• Obtain the contact details of any witnesses to the incident
• Collect all your insurance policies together
• If you have had an accident at work, make sure that it is logged in the accident report book
• Obtain copies of all your health and safety training policies
• Go to the hospital/ GP immediately after the accident.
• Keep a record of anything that is said to you or provided to you immediately after the incident.

 

How can I fund my claim?

McMillan Williams had the benefit of a Legal Services Commission franchise to conduct personal injury work. However public funding has now been withdrawn for most personal injury cases.

McMillan Williams are however able to offer you other methods of funding your case.

Legal Expenses Insurance

More and more individuals are now able to fund their claims through Legal Expenses Insurance. This is sometimes known as “before the event insurance”. You may have this legal expenses provision attached to some of your insurance policies. Some people have this on their household, contents, buildings or credit card insurance. Most car insurers also provide for legal expenses insurance. If you do have this provision, we will be able to determine whether your insurers will fund your claim or part of your claim for you.

Conditional Fee Agreements (No Win No Fee)

There are many misconceptions about no win no fee agreements, however McMillan Williams offer fair and accurate information about the terms, the advantages and the disadvantages of the agreement.

Before we will offer to fund a claim in this way, we will consider the merits of your claim in full and conduct a thorough risk assessment.

The no win no fee, is an agreement between us as your solicitor and you as our client and relates to our costs in bringing the claim on your behalf. If your claim is successful and you are awarded damages, the other will normally pay all our costs in addition to the damages, which means that you pay nothing. There are some exceptions but we will be able to explain this fully to you before your claim starts. You will receive 100% of any compensation awarded to you unless there are any exceptions.

Sometimes, it may also be necessary to take out an “after the event” insurance policy to protect your position should your case be unsuccessful.
 

How long do I have to make a claim?

There is a standard time period to bring your claim known as the Limitation Period. The usual time limit is 3 years from the date of the accident or the injury. So far example if you were injured in a simple road traffic accident, you would have three years from the date of the accident with which to bring the claim.

Usually after the 3 years has expired you will not be able to bring your claim. However there are many exceptions to this depending on the circumstances of the accident or the causes of the injuries.

If a child is involved then the limitation will not expire until the child is 21. If the individual is under a mental disability, the time to bring a claim will run indefinitely.

Contact us so that we can advise you about the time limits involved.

My child has been injured, how can I bring a claim?

If someone under the age of 18 or someone under a disability has been injured a claim can be brought on their behalf. A parent can bring the claim on behalf of the injured party. They do this by taking on the role of a “litigation friend”. This means that they take all the responsibility of running the claim, but the compensation is provided to the child.

Any compensation that is awarded to a child is subject to Court approval to ensure that it is a fair and reasonable award. 

Will I have to go to Trial?

Most personal injury cases do not get to the Trial stage. Most cases settle before Trial. However this is not a hard and fast rule. There are cases that will end up at Trial.

A personal injury Trial is heard before a single Judge who makes the final decision.

From the very start of your claim McMillan Williams, will conduct your case on the basis that it may go to Trial. This means that we attempt to cover every eventuality to protect your position should your case go to a Trial.