Q: I was involved in a road traffic accident which was not my fault. I sustained an injury to my neck and shoulder which, two months on, is not getting any better despite undergoing a course of physiotherapy. As I did not have legal expenses cover with my motor insurance I did not make any claim for my injuries at the time. However, I am now concerned that my injuries could affect my ability to do my job if things do not improve. If I decided to make a claim for compensation would any award include legal expenses?
A: If you are successful in your claim for compensation you should get most or all of your legal expenses paid by the other side. However, if you have to take your claim to court the costs can mount up so you would be wise to consult a solicitor and establish what your costs might be before making any moves.
Due to the fact that there are special rules for Road Traffic Act court claims it is possible for your solicitor to work out in advance what your potential costs are likely to be. If your claim is between £1,000 and £10,000 the rules divide the claim up into stages and fix the amount each party has to pay in legal costs for each stage.
A reputable law firm such as GHP Legal, that has a proven track record in the field of compensation work, will be able to give you an estimate of likely costs and an indication of your chances of success in making a claim. You may also be offered a funding agreement to help you fund the case. You should provide as much documental evidence as possible to prove that your injuries are as a result of the accident and also ensure that you have receipts for all costs incurred, including travel to receive treatment.
Partner and Complaints Handler
Partner and Head of the Civil Litigation, Personal Injury and Dispute Resolution team in Wrexham
A Partner and Head of our Personal Injury and Clinical Negligence team in Oswestry