Following a serious injury, it can be difficult to know who to turn to. If you need legal support, the sooner you instruct a solicitor, the sooner you can access to the best medical care, support and rehabilitation. With so much to consider, we’ve created this Q&A to help make things clear for you and your family.
We asked our experts to answer some frequent questions they receive, that you and your family may have about any potential claim. Our experts:
The Impact of a Serious Injury
Court of Protection
The Impact of a Serious Injury
How will getting legal support help me or a loved one who has been seriously injured?
Louise: If you or a loved one has suffered a serious injury the emotional and physical impact can be life-changing. Our specialist team of solicitors understand that everyone’s situation is unique. We’ll work on your behalf to get you access to the best medical care, rehabilitation and support.
Most importantly, we’ll spend time listening to and understanding your needs so we can respond to them quickly. This means we can make a positive difference in those all-important early days, and take some of the pressure off you and your family.
We’ll investigate your case to find out if anyone was at fault, and work to get you the justice you deserve. We’ll take care of that so that you can focus on your recovery. We’ll assess the impact of your injury to understand what support you’ll need now and in the future. Planning for and protecting your future is at the centre of all we do.
Read more about making a
serious injury compensation claim
What Are Interim Payments?
Louise: Interim payments are funds available to support you and your family as your case is progressing so you have access to what you need as quickly as possible, rather than waiting until the end of the case. You may need things like private medical care, rehabilitation, or assistive technology after your injury as a result of your injuries.
If you can no longer work, then you’ll need financial support to help you in your day-to-day life. If you do need any of these, we endeavour to get the support you need as early as possible and before your case has been settled.
When Can I Make A Claim?
David: Many serious injury claims need to be made within three years of the incident. There are some variations to this, including for children, very severe injuries, or if the incident which caused your injury occurred outside of England and Wales.
If your injuries were caused by criminal assault, the time limit for making a claim is usually two years. Even though for most injuries you don’t need to make a claim for up to three years, we don’t recommend waiting that long.
It’s well known that early rehabilitation and support results in improved recovery. The sooner you contact legal support, the sooner you can access rehabilitation, giving you the best opportunity for recovery possible.
More about time limits for personal injury claims
What Happens If I’m Not Happy with My Current Solicitor or Law Firm?
Louise: If you’re concerned about the way your case is being handled, you’re always free to consider a second opinion from another law firm at any time. If your current solicitor doesn’t have the experience to deal with a serious injury case it could lead to significant delays. It could also mean a failure to secure interim payments and the possibility that your case will be undervalued or unsuccessful.
This could result in you missing out on early rehabilitation, as well as not having access to all the care, therapy and equipment you need. If you decide to move your case to us, the process is very simple and we’ll speak to your current solicitor and take care of everything on your behalf.
If you have concerns and it doesn’t feel as if your case is on the right track, reach out to a specialist serious injury solicitor for another opinion. It’s really important that you can trust your legal representation to take care of your future.
More about changing solicitors during a personal injury claim
Will I Have To Fund The Claim Myself?
David: There are many options for funding your claim, including a conditional fee agreement, commonly known as ‘no win no fee’. You may also have legal expenses insurance as part of your household or car insurance. If you’re a member of a trade union, they may support you with some legal issues. When we discuss your claim in more detail, we can talk you through these options and let you know what might work for you and your circumstances.
Learn more about no win no fee personal injury claims What Are Client Liaison Managers, and How Can They Help Me and My Family?
David: When you experience a serious injury, you can be left with many questions and worries. How will you navigate all the different services? The strain on you and your family can be daunting. Our Client Liaison team are here to support you and your loved ones to get your life back on track and make the best recovery possible.
By working with a range of health care professionals, they can get you access to specialist rehabilitation. By background, our client liaison managers are nurses, occupational therapists and social workers. They can introduce you to care providers, charities and support groups to aid your recovery. Our client liaison managers are there for you when you need them most, so you can focus on what really matters.
Who Else Can Help Me and My Family?
Louise: We have close relationships with many organisations and charities that provide practical and emotional support, and who can help you come to terms with your injury. They can also support your family.
The support and resources that many of our charity partners provide are there to help you live an independent and fulfilling life.
Find out which charities and organisations might be able to support you. Court of Protection
What Is the Court of Protection and How Can It Help My Loved One?
Lucy: The Court of Protection is the judicial body responsible for making decisions for people who don’t have the capacity to choose for themselves.
Following a serious injury, some people might not have the capacity to make important decisions for themselves due to their disability or ill health. This can be temporary, or permanent.
If you would like to support a loved one after an injury in this way, we can help you. We can support you in applying to the Court of Protection to become your loved one’s deputy. As a Deputy you can decide what’s best for your loved one when it comes to their finances, health or welfare.
Learn more about how our solicitors can help you with a range of Court of Protection issues
What Is a Deputyship?
Lucy: There are two forms of Court of Protection deputyship. One is for property and financial affairs, and another for health and welfare.
Close family members or friends can apply to be a deputy for someone who lacks capacity. In complex cases, we can act as a deputy also.
More information about Court of Protection deputyships
What’s a Personal Injury Trust?
Lucy: After receiving compensation from a claim, placing this money into a trust can ensure you’re always provided for, and give peace of mind for the future. The money may be awarded for a specific purpose, for example covering the costs of rehabilitation, care, therapies and property adaptations.
It can also compensate for future lost income. Having your money in a trust will also ensure your money is not affected by means-tested state benefits.
We can work closely with specialist financial advisers to create a bespoke
personal injury trust tailored to your unique circumstances.
What’s a Lasting Power of Attorney and How Can It Help?
Lucy: A Lasting Power of Attorney (LPA) is a legal document that allows you to choose a person to make decisions if you’re unable to make decisions yourself. If there’s a possibility you could lose capacity in the future as a result of your injury, it’s a good idea to have this in place before you need it.
If you’re still able to make decisions for yourself, we can help you to register a LPA at any time. If you don’t have a LPA and there came a point where you couldn’t make your own decisions, your family may need to apply for a deputyship instead.
If My Serious Injury Claim Is Successful, How Can I Protect The Funds For My Future?
Jason: If you or a loved one is adjusting to life after serious injury, you’ve got more important things to focus on than worrying about finances.
You need to know your compensation is going to last. A financial management company, such as our Asset Management team, can help you plan for you and your family’s future. They’ll offer you tailored financial planning and investment advice.
By using a financial planning service, your adviser will make sure you have a regular income, as well as money for care and support, specialist equipment and home adaptations.
Learn more about asset management for personal injury
How Will You Manage My Money?
Jason: A financial adviser from our Asset Management team will look at your finances and your settlement to create a financial plan built around you and your needs. This includes investing your money into stocks and shares, structuring your funds as tax-efficiently as possible, and ensuring your funds are protected.
Our work is aligned to your future goals so you can rest assured that you’ll be financially protected for life.
If you have any further questions, you can reach out to our
Serious Injury team at any time who can talk you through the legal process and how we can help.