FAQ
How long do I have to make a claim?
For adults there is a 3 year limitation period to commence court proceedings after which a claim becomes time barred. Children have until their 21st birthday. There is no time limit for people with mental incapacity. However, in any claim there is often a lot of work for your legal advisor to do. While 3 years may sound a long time, you should act as quickly as possible and contact us as soon as possible to pursue your case for you.
I have been involved in an accident, what's the first thing I should do?
It is important that details of the accident are properly recorded, so you should see your GP or visit the hospital straight way. Then contact us who can take all necessary steps for you to pursue your case.
How long will my case take?
It depends on what type of accident you have had and how severe your injuries are. For example a road traffic accident where a person sustains a whiplash injury typically takes about 6-9 months to conclude. Other cases, typically where the injuries are ongoing can take a couple of years before they are ready to settle.
How much will I win?
It is impossible to say because there are numerous factors, which are taken into account when assessing personal injury damages. Firstly medical evidence will have to be obtained from an independent expert who will give an opinion on how long it will be before you recover and advise on any treatment that will be needed. Once this is known, we will compare the experts opinion with other similar cases involving injury that have come before the courts so we can assess the value of your claim.
Will I only be awarded compensation for my injury?
No - we will also recover for you any losses or expenses that you incur, for example, travel expenses, private treatment costs, replacement hire car, and medical equipment or adaptations you need, alternative housing, loss of earnings or for any care that you receive from friends and relatives.
My accident occurred a while ago and I am still suffering whilst I am waiting to be seen on the NHS. What can I do?
Contact us and subject to receiving an admission of liability from the other side, we can arrange private medical treatment and for all of your rehabilitation needs to be taken care of, the cost of which will be met by the insurer.
Will there be any deductions from my compensation?
None - we will act for you on a No Win No Fee basis. This means that if your claim does not succeed, you will have nothing to pay for your solicitor's costs. If you win your cases, we will recover your legal fees from the other side, so you can rest assured you will receive 100% of your compensation.
I'm not happy with my existing solicitor, and my case is taking too long. Can Smart Claim help?
Subject to receiving a written authority, Smart Claim who are regulated by the Law Society, can take over your file from another firm of solicitors. And see the matter through to conclusion.
Will I have to visit a solicitors office?
You will not be inconvenienced or expected to attend our offices. Many clients are happy to correspond by telephone, post and email and we are happy with this also.
What does 'No Win No Fee' really mean?
No win no fee means that if you do not win your claim, you do not have to pay your solicitor a fee. Insurance will cover you against the other side's costs and expenses. If you win your case you will receive your compensation free of any deductions unless it is a Criminal Injury or a road traffic accident where the other driver cannot be traced. Your solicitor's costs should be paid by the other side. There are very few exceptions to this. One of our specialist independent solicitors will tell you whether your case is suitable for a No Win No Fee Agreement. Your solicitor will also explain the No Win No Fee agreement to you clearly before you start a claim
What is the procedure for submitting a claim?
Simply log your details onto the Claim Form (insert link) and submit. Alternatively, telephone us and speak with one of our expert solicitors - 0800 9887756