You may be looking at this website because you or a family member has suffered injury in an accident and you don't know if you have a potential claim or, indeed, where to begin. You may have heard of Drummond Miller's strong reputation in personal injury litigation but, before picking up the phone, you probably want a little more information to get you started.
Is there a claim in the first place? What can be claimed for? How might an action be funded? Understandably, people are often wary of legal fees and anxious in case it all costs more than they can afford. All of these are common concerns in the aftermath of an injury where fault appears to lie at the door of another party and litigation is in contemplation. Road traffic accidents leading to injury commonly result in litigation against the driver at fault, but compensation may also be available for accidents in the workplace, for medical interventions that go wrong, or for slips and trips on public highways.
The good news is you have come to the right place. Drummond Miller's litigation department has a wealth of experience in injury claims, with compensation successfully recovered for thousands of clients in sums ranging from a few hundred pounds, to multi-million pound settlements for injuries of the utmost severity.
At an initial meeting, one of our solicitors would take a statement from you, noting the circumstances of the accident, and would give you advice on the prospects of a successful claim. Not every accident will qualify for compensation, as the law requires there to be negligence on the part of the wrong-doer, and of course, the injured party has to be able to establish fault on the balance of probabilities. That means it has to be more likely than not in the eyes of the court that the accident happened as alleged. Assuming there does appear to be a good case, then further evidence would be ingathered in the form of witness statements, and perhaps police and medical reports, to enable a claim to be intimated to the party at fault. In the case of RTAs and accidents at work, there will most likely be insurance in place to cover such claims, so the driver or employer at fault would refer the matter to their insurers who would take over the running of the defence on their behalf.
What determines the amount of compensation appropriate in any given case? In most injury cases, compensation is made up of a number of different heads of claim - the most common being compensation for pain and suffering, which is based on sums awarded for similar injuries in the past, loss of earnings, and in serious cases, the cost of a care regime for the injured party. Your solicitor will guide and advise you as to what is a reasonable level of compensation to expect.
For most actions involving personal injury, the time limit for raising an action is three years from the date of the accident. Many cases don't have to go to court as they settle through negotiation before an action is raised, but if court proceedings are necessary, our legal team will prepare the case and keep you advised every step of the way.
How long will it take? That depends on a number of factors, for example, the complexity of the case, and the court's diary, but from start to finish, a defended claim that proceeds to a full hearing in court might take from 12 to 18 months to be determined. A complex case could take longer.
And finally, how to fund? There are numerous funding options out there, and once again, your solicitor at Drummond Miller will talk you though the various options. These range from Legal Aid (depending on income) to 'no win, no fee' agreements. After the Event insurance may also be an option, or you may even find that your household insurance policy covers you for legal expenses of this nature.
Unsurprisingly, it pays dividends to seek advice from experts in the field of personal injury, and if you would like to discuss matters further, please don't hesitate to contact our Litigation Team.