Frequently Asked Questions
Making A Claim
Costs & Claims
Other Questions
MAKING A CLAIM
When
can I make a claim?
You can usually make a claim if another party
was wholly or partly to blame for the accident, which resulted in
your injury. Our Customer Service Team will be able to advise you
whether you do have a claim and, if you do, what you may be entitled
to claim.
back to topWho
pays the legal costs?
At Alexander Samuel initial consultations are
free. If we agree to pursue a claim on your behalf we will consider
several funding options with you. These will include:
- After the event insurance, which we can arrange on your behalf,
- Fixed fees,
- Legal Aid,
- Conditional Fee Agreements, also known as ‘no win, no
fee’
No win, no fee agreements are becoming more and more common in
personal injury claims and, as you would expect, they simply mean
that if you win, you will recover all of the compensation agreed
and if you lose, you pay nothing. back
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Is
there a time limit?
You have three years in which to claim from the
date of the accident or from the time you became aware that the
injury suffered could be related to the accident.
back
to topWhat
types of injury can I claim for?
You do not have to sustain a serious injury to
be entitled to compensation. You are entitled to be compensated
for any injury, however minor, arising out of a non-fault accident.
This can include cuts, bruises, soft tissue injuries and whiplash
injuries.
back to topWhat
type of claims do we accept?
We assist in all types of claims for personal
injuries suffered as a result of road accidents for drivers, passengers
or pedestrians, accidents at work, trip and slip accidents and accidents
at school.
back to topHow
do I know if I can pursue a claim?
Call us FREE on 0800 3585 123 to speak to a qualified
advisor who will assess whether you have a valid claim. Before entering
the claims process, it is important to note that all claims must
have 3 essential features:
Another person or organization must have been negligent for
the injury sustained.
The other person or organization must have the ability to pay
for the damages (usually through their liability insurers).
The accident must have occurred within the last 3 years.
back to topAm
I entitled to compensation?
How
much would my claim be worth?
Each case is different. The amount of compensation
depends on a number of factors, including the extent of the injuries,
loss of income and if you were partly to blame. Further advice will
be available from the solicitor dealing with your claim.
back
to topWho
will actually deal with my claim?
Your claim will be allocated to one of our experienced
solicitors or fee earners.
back
to topHow
often can I expect to receive an update on my claim?
You will receive a regular progress report on
your claim, and will be advised clearly on timescales.
back
to topHow
do I make an enquiry?
How
long will it take until my case is settled?
This depends on how complicated your case is.
Most cases are settled in approximately 9-12 months. However, if
your injuries are still persisting then we will advise you strongly
to continue with pursuing the claim. In any event we will give you
the best possible legal advice.
back
to topWhat
happens when I win?
You will always receive 100% of your compensation.
It is not our philosophy to make any deductions. All our costs will
be recovered from the other person’s insurers.
back
to topWhat
do I do next?
Call our FREE phone helpline on 0800 3585 123
or fill out our quick and simple online
claim
form. As soon as we have your details, we will assess your claim
and chances of compensation in a fast, friendly and efficient way.
back to topCOSTS AND RISKS
Will
I have to pay to use this service?
No. We will bear all the costs until the case
is settled. When we win, we claim everything back from the other
side’s insurers. If they lose, they pay the costs themselves.
back to topDo
I have to pay any fees?
How
is the cost of my case funded?
If we feel your claim will succeed, we will enter
you into a Conditional Fee Agreement.
The Government abolished Legal Aid approximately 3 years ago,
and advised the legal industry to find a solution and an alternative
to funding personal injury claims. The CFA is an agreement between
the solicitor and the client. As we do not get paid up front for
our services we calculate what percentage risk we are taking from
the outset on your claim. We deal with your claim as normal, but
at the end of the claim, when we invoice the insurance company
for our costs, we add the percentage calculated from the outset
to our bill. This gives us an incentive to deal with your claim
without asking you for funds. Remember we win more than we lose.
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What
happens if the claim is unsuccessful?
Nothing. Providing you have not given us false
information or prejudiced our position in dealing with the claim.
back to topDo
I have to enter into a loan agreement?
The law society has advised us that we have to
ensure you are fully insured in case anything goes wrong with the
case. If you have pre-existing legal expense insurance through your
motor, household or credit card insurance, there is no need for
other insurance or funding. However, if you do not have the necessary
insurance, we will assist in arranging the most competitive insurance
in the market place, and provide funding to pay the premium. Please
note, all funds used to progress your claim will be recovered directly
from the other person’s insurance company.
back
to topWill
I have to pay the other persons costs if I lose?
No. Your legal expense insurance or the ATE insurance
we arrange for you will cover against this eventuality.
back
to topOTHER QUESTIONS
What
is meant by ‘No win, no fee’?
It simply means what it says. Even if you lose
your case, your pay absolutely nothing.
back
to topWhen
is ‘after the event’ insurance used?
This is a type of legal expense insurance that
can be taken out after an accident has occurred. It will cover the
legal costs of settling the claim including attending court and
paying the other side’s legal bill.
back
to topWill
I have to attend court?
It will be very unlikely that you will be called.
No insurance company wants to waste time and money in defending
a hopeless case. More than 90% of cases are settled without the
need for legal proceedings being issued.
back
to topWill
I need to attend any meetings?
Usually we can deal with everything by post and
telephone so you will not have to attend any meetings. We do employ
a legal representative to visit you at your home if your require
any of our documentation explained in more detail. We feel this
action helps build client trust.
back
to topIf
I decide to proceed, what happens next?
Within 24 hours of receiving the instructions
either online or by telephone someone will contact you to discuss
the matter further and if necessary obtain further details from
you.
back to topWhy
is dealing directly with a solicitor safer than dealing with a claims
company?
Legal Aid has effectively been withdrawn from
people wishing to claim for personal injury. New legislation has
encouraged the commercialization of our service. Unfortunately,
a number of claims companies have exploited vulnerable victims by
using one or more of the following methods: taking part of your
compensation award or selling over priced insurance policies through
a non-competitive loan agreement.
Alexander Samuel LLP are governed by strict guidelines laid
down by the Law Society and therefore can only give you, the client,
the best possible advice and service. back
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