How long do I have to make a claim for personal injury?
Typically when making a claim for compensation you have three years in which to make your claim in court. Otherwise your claim may be timed out or what is known as “statute barred.”
The three year deadline begins from either the date of the accident or from the date that you knew that your injury was linked to the original accident.
Special rules apply for children or patients being treated under the Mental Health Act 1983. The time limit (limitation period) does not begin for these people until the legal incapacity is removed. In the case of a child, the three year time limit would begin from the date of their 18th birthday and in the case of a patient treated under the Mental Health Act 1983, the three year deadline would begin from the date they were discharged as a patient.
Why do I not need to use a solicitor to make my claim?
The pre action protocol in personal injuries was brought into force to create access to justice and increase the benefits of early but well informed decisions on liability which genuinely satisfy both parties to a dispute.
With this is mind a solicitor or claims management company is not essential to making an initial claim for compensation. Simply use the easy to navigate claims tool provided free by itsmyclaim.com and submit your claim to the relevant person or organisation. Under the pre action protocol they will then investigate your claim and if they are at fault will pay you fair and reasonable compensation. Of course should you wish to utilise the services of legal representation at any time you may do so.
How much is my claim worth?
The actual amount of any successful compensation claim is dependent upon the specific circumstances of your case. With emotional suffering and pain together with other intangible issues there is no way to predict an exact amount. However as a guide only please see our Personal injury values.
Will I have to pay anything to itsmyclaim.com?
No. itsmyclaim.com is a totally free service to the consumer and allows you to notify the organisation of your intention to claim and then keep all of your successful compensation award with no deductions or hidden charges.
How does itsmyclaim receive its income?
itsmyclaim Ltd receives subscription income for the service from organisations who wish to utilise it and benefit from dealing expediently and transparently with you - The injured party. The subscription has no bearing on how your claim is dealt with and in return allows itsmyclaim Ltd to maitain and update the website and associated database, ensures a robust electronic process for your claim generation and maintane its own database of claims submitted within the necessary protections demanded by the Data Protection Act.
Can I choose to seek advice from a solicitor even though I started to use the itsmyclaim service?
Yes - By using the itsmyclaim service you DO NOT give up your right to seek legal advice at any time. As itsmyclaim does not sign you up to a binding agreement with us you are free to move away from the process at any time.
What Happens if my claim is not successful?
If after an organisation investigates your claim for compensation and they then write to you to confirm that they are denying your claim for compensation they will do so with their reasons of defence or in terms of the criminal injuries compensation authority their reasons for rejecting your claim.
At this point you should read the information carefully and should you still wish you may approach legal representation, safe in the knowledge that you will have all of the available information that would be required for them to make an assessment of the verdict and in doing so confirm if the decision was correct.
Can I make a claim using the itsmyclaim.com service on behalf of another person?
Yes you can. However should this be as a "litigation friend" of a child we would advise that you look at our Parental Indemnity information prior to deciding if it is suitable to make a claim direct.
If you are using the service direct then once your letter of claim has been sent to the organisation and a reply obtained you may then notify them of your third party representation.
What is the Criminal Injuries Compensation Authority?
CICA is the government body responsible for administering the Criminal Injuries Compensation Scheme in England, Scotland and Wales.
They provide a free service to victims of violent crime. They know that they can never fully compensate the victim, but they can recognise the suffering and give the victim some financial support that may help them move on.
On an admission of liability what does "Subject to causation" mean?
Causation is the "causal relationship between conduct and result." What this means is that if an organisation admits liability it will then require proof that your injuries were caused by the breach of duty of care that the organisation are admitting to.
This proof will normally take the form of a Hospital medical report or copies of your GP medical notes. When the time comes the organisation will request your authority to obtain these. This is common practice.
What is the Pre Action Protocol?
Lord Woolf in his final Access to Justice Report of July 1996 recommended the development of pre-action protocols:
To build on and increase the benefits of early but well informed settlement which genuinely satisfy both parties to dispute.
The aims of pre-action protocols are:
- More pre-action contact between the partie
- Better and earlier exchange of information
- Better pre-action investigation by both sides
- To put the parties in a position where they may be able to settle cases fairly and early without litigation
- To enable proceedings to run to the court’s timetable and efficiently, if litigation does become necessary
- To promote the provision of medical or rehabilitation treatment to address the needs of the claimant
