You usually have three years from the date of the incident to start a claim. For children, the three-year limit begins on their 18th birthday.

The length of time varies depending on the complexity of the case. Simple cases can be resolved within 6-12 months, while more serious claims may take longer.

The value of your claim will be based on the medical evidence. No claim is settled without your specific authority to do so. This ensures that you keep absolute control of your claim. Compensation is generally divided into two parts:

General Damages

These are damages for pain and suffering including the loss of the ability to do certain tasks, hobbies etc. This award compensates you for the suffering you have encountered usually in its physical form e.g. whiplash, broken leg, strained muscles etc. However, it is also possible to be compensated for psychological distress and conditions such as Post Traumatic Stress Disorder.

Special Damages

You will also receive compensation for specific quantifiable losses attributable to the accident. These include loss of earnings, car hire expenses, care and services, extra expenses (e.g. travel costs incurred going to doctors, hospitals, etc,) damaged clothing, and prescription charges. All we ask is that you keep a note of any expenses, and preferably receipts so that when we eventually calculate your claim for special damages, we will be able to include all relevant items.

If the injuries were the result of a criminal attack then you might be able to claim from the Criminal Injuries Compensation Authority (CICA). We have devised a CICA calculator to give victims an idea as to how much compensation they could be entitled to.

We will cover the cost of all expenses incurred in pursuing your claim whether they are medical fees, court fees, barrister’s fees, or other related expenses.

You can claim for pain, lost income, medical bills, travel, and more. We’ll explain everything based on your situation.

If the insurer admits liability and agrees to deal with your claim, they will also meet part of your legal fees. A deduction will also be made from your damages award to cover the costs of running your claim.

We can help investigate and gather information to identify the responsible party.

You may still be able to claim compensation, although the amount may be adjusted to reflect your level of responsibility.

If we do not win your case then we do not have any right to recover our fees from you. If we do win your case the insurers pay a fixed contribution towards the legal costs. You will also make a payment to us out of your compensation.

All claims in England and Wales are subject to certain rules which both solicitors and insurers must follow during the course of a claim. The protocol ensures that both sides act fairly and responsibly and it prevents delay in the progression of the claim.

Under the Personal Injury Protocol, an insurer is allowed a period of up to four months to investigate the claim and then either admit or deny liability for your accident. If liability is to be denied, the insurer must supply evidence in support of their arguments. They cannot simply refuse to deal with your claim.

You need professional legal advice to ensure that you receive the maximum amount of compensation due to you. Insurers will attempt to settle your claim at an early stage and often before you have been able to instruct a solicitor. They do this to save legal costs which they otherwise would have to pay and to also secure the lowest settlement award possible.

Most people who make a personal injury claim do so reluctantly. Very little is generally known about the process and there have been many negative news stories in the press in recent years. Claims are progressed through the insurers and not directly with the responsible party.

In order to prove that you suffered an injury as a result of the accident, you will have to attend a medical examination by an independent doctor in your locality. Following the examination, a report will be prepared. The report is essential as it describes the injury suffered and confirms when or if your recovery is likely to take place. This forms the basis for the award of damages. There is no need to be concerned about the examination; the doctors that we instruct are friendly and sympathetic and most examinations take no more than 20 minutes.

Your employer can’t legally punish or fire you just for making a claim. If they do, it could count as unfair dismissal.

Domestic violence claims can also be made through the Criminal Injury Compensation Scheme, these would be awarded based on what physical injuries you have suffered.

Yes. Where the person who was hurt has lost capacity, or is still too unwell to engage with the process, a parent, partner, deputy, or other authorised person can apply on their behalf. Winston Solicitors can talk you through the route.

Yes. Many adults show emotional or behavioural signs linked to unresolved trauma, such as anxiety, trust issues, or low self-esteem. Recognising these can help you seek specialist counselling or legal advice.

Yes. You can appeal if your claim was rejected or if you believe the compensation offered was too low. We’ll help you understand whether you have strong grounds before you act.

Yes. Each case will be assessed on its own merits so it will certainly depend on why a claim is being sought now; however, we have successfully represented thousands of clients who have claimed compensation as an adult. Please talk to our specialist Criminal Injury Lawyers on 0113 320 5000 and they will be able to advise you further.

Yes. The CICA scheme does not require a conviction. It requires that you reported the crime and cooperated with the police investigation. Many CICA claims succeed where no charges were brought or where a prosecution failed.

It is possible to claim compensation for injuries sustained from a period of domestic abuse or a single domestic assault. You must have reported the offender to the police and supported the prosecution. An award may be paid for physical, sexual or psychological injury where this falls within the tariff of injuries set by the CICA. Awards however cannot be made for financial abuse, coercive control, stalking and harassment.

Under the current Criminal Injuries Compensation Authority (CICA) rules, claims are only accepted for physical or sexual violence, or Long term psychological injuries as a result of the abuse.

Yes. You can claim on behalf of a child or an adult who lacks mental capacity. Winston Solicitors can guide you through the process and help set up a compensation trust if needed.