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The Law?

1. How do I go about ascertaining if I have a personal injury case?

The only safe way of being sure is to get advice from a specialist personal injury lawyer.

In some cases it may be obvious, for example if you were standing on a pavement and were knocked over by a car that was out of control. In other cases for example, if you think your medical treatment has gone wrong the legal issues will be more complex.

A lawyer will be able to advise you initially on a preliminary basis, but  in complex cases will often need to make further inquiries, such as obtaining a police accident report or medical records.

For further advice on this please contact the Limb Loss legal Panel on: 0207 650 1305.

2. How do I know which lawyers specialise in this area and which one to choose?

There are many lawyers who specialise in personal injury claims.  Only a few amongst them will have handled complex high value cases such as those involving limb losses.

The Limb Loss Legal Panel (LLLP) has five firms of solicitors chosen for their expertise in handling complex high value claims and will all have undertaken work on behalf of people who have lost limbs where compensation claims have been successfully pursued.

Whoever you decide to instruct, it is very important to ascertain that they have dealt with cases of a similar tnature to your own situation and can demonstrate good outcomes.  Looking at your lawyers’ website and brochures can help.

It is also important that you get on well with your lawyer and feel that you can talk to him or her.  In cases of limb loss you are likely to have to deal with your lawyer over a long period of time and address very personal issues arising out of your injury and so it’s essential that you feel comfortable talking to them.

3. Will I have to pay for my claim?

Most cases these days are funded using the no-win, no-fee system that was introduced about 10 years ago when Legal Aid was abolished for ordinary personal injury claims.

However, before entering into a no-win, no-fee agreement the lawyer is under a legal obligation to find out whether you have any other way of funding your case such as if you have legal expenses insurance (which frequently comes with household contents insurance) and/or union membership.

Once the lawyer has satisfied himself or herself that there is no other means of funding the case, then they will risk assess your case with a view to offering a no win no fee agreement.  This means that the lawyer has to decide whether or not you are likely to win your case.  If they come to the view that you should win your case, they are likely to offer you a no-win no-fee agreement.” The rule in litigation is that the loser pays the winner’s costs.

This means that if you succeed in your claim, as well as receiving damages, the defendant also pays the majority, if not all, of your costs on top.

However this rule also applies to you so that in the event your claim is pursued and is unsuccessful then in principle you could be ordered to pay the other side’s costs.  In order to protect you, your lawyer will purchase what is known as “after the event legal expenses insurance”.  If your claim is unsuccessful the insurance policy will pay the other side’s costs.

There are some exceptions to the above general principles.

For example, in medical negligence cases, if you are financially eligible then Legal Aid/public funding still exists to pursue these cases.

If you have been unfortunate enough to have been a victim of a violent crime and are making a claim under the Criminal Injuries Compensation Scheme there are no provisions for costs being awarded and if you instruct a lawyer, they will expect to be paid at the end of the day out of your damages.  You can either pay your lawyer at the end of the case based on the time they have spent alternatively some lawyers will do cases on a contingency fee basis whereby they take a percentage of damages in payment for their work.

In cases where you have been injured in a road traffic accident and the other driver cannot be traced then – again there are no provisions for legal costs to be paid and so costs must be paid out of your damages award.

Funding of cases abroad will depend on which country the incident occurred in, and local rules will have to be taken into consideration.

4. What can I expect from the claim process?

If your claim is successful, you will receive a damages award at the end of your case. The award is meant to put you back in the position that you were before your accident so the process will involve assessing your life pre-accident and any financial issues arising and comparing that to the situation after the accident including any loss of earnings and treatment and therapy costs.

In recognition of the importance of early rehabilitation, in many cases, in particular where liability is unlikely to be contentious it is possible for your lawyer to obtain early interim payments as the cases progresses to cover the costs of rehabilitation such as obtaining treatment and costs of therapists.  Sometimes this may include the cost of private prostheses, transport and other out of pocket expenses and loss of earnings.

Effectively the emphasis is to prevent any form of hardship and maximise the recovery for the future.

The process of bringing a claim can be arduous.  It requires disclosure of your medical notes pre as well as post accident and the provision of detailed information about your life before and after the accident.  You will need to see lawyers and experts about your injury and its impact on you.

5. How long will it take for my claim to be settled?

This greatly depends on the difficulty of your claim and the prognosis for your recovery. Straightforward claims will take less time to resolve than complex cases.

Using the example of a car mounting the pavement , if this was because the driver was speeding and lost control, the issue of responsibility should be determined very early on in the proceedings.

Whereas in a complex medical claim where there are allegations that the medical treatment has gone wrong then the investigation into whether there was a failure of professional standards in the treatment provided is likely to be more involved.

However, in serious injury cases such as those of limb loss what often prolongs the final resolution of a claim is the need to have certainty over the future prognosis.

Most cases are settled on a “full and final basis” which means you cannot come back to court for more damages if your condition worsens in the future.  Therefore it is important in finalising the damages claimed that the medical and other evidence is clear about what the future will hold.

In cases of limb loss there will be a lengthy period of hospitalisation followed by physiotherapy, the provision of prostheses and rehabilitation.  Determining the level of activity that a person can achieve with a prostheses often takes time. Other consequences of a serious injury such as psychological harm, the ability to return to previous employment or pursue activities that were undertaken or planned prior to the accident need to be assessed.

It is difficult to generalise , but if you have instructed your lawyer shortly after the accident then it is unlikely that your case will be resolved within two years because your injuries need to have consolidated to allow a full and final” prognosis.

6 Have I got a case for compensation?


To be able to bring a claim for compensation for your injuries, another party must be responsible for what has happened to you. Compensation is not available where what has caused your injuries was an unfortunate ‘accident’ where no one can be considered blameworthy.

There are three simple steps that need to be considered before a claim for compensation can be raised:

  1. The first is to establish who was responsible

  2. The second is to establish that you were owed a duty of care

  3. The third is to establish that that duty was breached and that you have suffered injury/loss as a result.

It may be the case that you do not know the identity of who caused your accident. For example you may have been the victim of a criminal incident, or of an untraced motorist. These are the two exceptions where lack of knowledge as to identity, will not necessarily be a bar to you proceeding with a claim for compensation.

What has happened to you may be partly your fault, for example if you were involved in a road traffic accident, it may be the case that you were partly responsible or perhaps your injuries were contributed to because you were not wearing a seatbelt. This does not mean that you cannot bring a claim for compensation but it may mean, that the overall value of the claim is discounted to reflect what is called ‘contributory negligence’ on your part.

The Law does set time limits within which a claim for compensation may be raised. The general time limit is 3 years and if legal proceedings have not been issued by the 3rd anniversary of the accident or incident which caused your injuries, you will not be able to progress a claim. In some circumstances the time limit is shorter than this so it is absolutely vital that you seek legal advice at the earliest opportunity.

7 How does compensation work and what can I claim for?
Subject to proving that your injuries have been caused by the negligence or wrongful act of a third party, you will be able to recover compensation for the injuries that you have suffered. In most cases, reports will have to be obtained from appropriate medical specialist which will consider the injuries, any medical treatment you have had and may need in the future, and the long term prognosis.
In addition to compensation for the injuries themselves, you will also be able to recover monies for your past and future losses which could encompass a wide range of matters to include loss of earnings, accommodation costs (if for example your injuries require your home to be adapted or for new accommodation to be sought) aids and equipment, cost of medical treatment and travel expenses. If you have suffered an injury or you are thinking of making a claim for compensation, keep a diary of your expenses and all of your receipts, as it will be difficult when time has passed, to remember things like medical appointments and the costs that you have incurred for treatment or travel etc.
There are certain set procedures and guidelines that have to be adhered to in personal injury and clinical negligence cases so it is always best to seek legal advice, before making contact with the party responsible for your complaint.

8 How will I pay for my legal case?

There are a range of ways in which your legal case may be ‘funded’. If you are thinking of contacting a Solicitor try to establish before your first meeting or full discussion about your case, if you have the benefit of some form of insurance or access to assistance with your legal costs. For example, you may be a member of a trade or other membership organisation or you might have the benefit of a legal expenses policy linked or attached to your home or contents insurance policy.

Always check with any motor policy you might have to see if there is any legal expenses benefit attached and have a look at your credit cards to see if there is any benefit available to you as a cardholder.

If you have no form of legal expenses insurance or other access to the services of a specialist solicitor, depending on the facts of your case, your Solicitor may be able to offer to act for you under a Conditional Fee Agreement which is more commonly known as ‘No Win, No Fee’.

In any event, it is very important that you make sure you clearly understand the detail of the funding arrangement you enter into with your Solicitor and you should not hesitate to raise any questions that you have.

The Limb Loss Association has worked with the Panel law firms to ensure that good deals are available for the running of legal claims for members who go to one of their firms.

9 Do I need a specialist lawyer to act for me?

Many firms of Solicitors advertise their services and may have departments that act for people who have sustained injuries. It is however very important, that you seek the advice and assistance of a Solicitor who is a specialist in this area.

Claims for compensation following an injury are not always straightforward and it is vital that an expert is found especially if the matter is severe involving the loss of a limb/s, a head or spinal injury, or if the claim concerns potentially negligent medical treatment (often referred to as clinical negligence).