If you have suffered from an injury in the past due to negligence it is still possible to make a claim for the compensation. In most cases that concern adults, the time limit set out by the Limitation Act 1980 is three years from what is known as the “date of knowledge”. This date could be when the negligence occurred, or much later when the carelessness becomes apparent.
Frequently Asked Questions
Yes, your medical appointment is mandatory in order to check how your accident injury may have affected your day to day well-being and health by a medical expert. Any long term consequences that have resulted from your injury will also be taken into account and could potentially be used as evidence in your case.
Yes, if the time or date of your medical appointment doesn’t suit you for whatever reason then this can be changed and rearranged to a time that works better for you. Simply call or email a member of our team
Each case varies in length depending on a number of variants. Depending on the nature of your claim, the time it will take for your case to be completed will alter accordingly. Cases that require the cooperation of relevant 3 rd parties, such as insurance brokers or solicitors often take more time to complete, especially if the negligent party doesn’t accept liability for your case.
In some cases, the defendant might also accept no responsibility in which case a court date mat become unavoidable which adds to the duration of the time it takes for a case to be complete.
You can be kept up to date by phone call or email, whichever is your preferred method. If you need to get you wish you make contact with us, our team of experts are available during office hours Monday – Friday. We will be more than happy to help and we’re here to answer any of your queries that are related to your case as it progresses
No, if your case is unsuccessful for any reason, you will not owe any money to McDermott Smith Law Ltd. Instead these costs will be absorbed and covered by ourselves. So don’t worry, you will never owe anything above what you receive.
If your personal injury claim progresses to court, yes you will be required to attend. At McDermott Smith Law, we will make every effort possible to ensure that your case is dealt with in the timeliest and effective way possible. However, in some cases this isn’t always possible, and therefore if such scenario arises such as a denial of liability it could mean that attending court is necessary.
Compensation is usually awarded anywhere between three to six weeks following the completion of your case. However, this case can vary due to a number of factors that are outside of our control.
We have a team of qualified first response advisors that will talk through your case with you and discuss everything that has happened from start to finish of your case. You will receive a letter via Royal Mail that confirms the actions you wish to take on the defendant, confirming what was discussed on the phone. Where necessary you will need to make a statement, however you will be instructed whether or not you need to do this for your individual case.
There is then a team that will be responsible for handling your claim. You will receive regular updates as and when your case progresses at a time that suits you. At McDermott Smith Law we believe in creating an honest and open relationship with you our client, and understand the how these situations can be stressful. We want this whole process to be as stress free and simple as possible for you.
What ‘liability’ means is the state of being legally responsible, and therefore accountable, for the factors that directly or indirectly lead to an event or incident occurring. So, when a defendant admits ‘fault’, they are ‘admitting to liability’. However, the defendant can challenge an accusation of fault, which is to ‘deny liability’.