Attwaters Solicitors

Because we understand that your case is unique to you. We have the expertise and the experience to ensure you will receive the compensation you deserve. You will have a dedicated lawyer who will ensure your case is resolved sympathetically, speedily and efficiently. You will be kept up to speed on what is happening throughout. You will be able to contact your lawyer or any member of the team at any time during the working day. We offer a genuine no win no fee service where you will receive 100% of the compensation you are awarded.
At Attwaters you’ll receive genuinely expert, specialist advice. We have personal injury lawyers who are on the Law Society Personal Injury Accreditation Scheme.

We act for clients throughout the United Kingdom. All consultations can be carried out by phone, email or letter whatever suits you best. We also have agents all over the country so we can arrange to visit you in your home or at your place of work. Do not choose a solicitor based on geographical location, choose your solicitor based on expertise and the ability to achieve the right result.

There are various ways of funding your case and we will discuss what is the best option for you. We do offer a genuine no win no fee agreement and if you choose this type of funding agreement you should have nothing to pay. When we win the case, we get paid by the defendant and you receive 100% of your compensation. If the case is unsuccessful we do not get paid, and we will arrange for an insurance policy to be in place to pay the defendants costs should you be required to do so. You will not be asked to fund the insurance policy. If there is ever a situation in which you may be required to pay anything, you will be advised of that possibility well in advance so that you can avoid it arising, should you wish to do so.

Every claim for compensation is assessed individually and quantified according to the specific facts of the case. There is no set tariff for compensation, except in cases that proceed through the Criminal Injuries Compensation Authority.

Compensation is split into two categories:-

1.General Damages Compensation for pain suffering and loss of amenity. There is no set amount but factors that will be taken into account include:

the degree of pain and suffering
the length of time the pain and suffering lasts
whether you will make a full recovery
whether the symptoms are permanent
the treatment required
your age
whether the injury has exacerbated or accelerated another illness or condition
how the injury effects the things you do on a daily basis, at work, at home, socially, and personally.

To assess how much your injury is worth we will look at the guidelines that have been set and the awards that have been made in previous similar cases.

Special Damages This is an award to compensate you for any expenses and losses you have incurred as a result of the accident. It will include expenses or losses that you incur from the date of the accident until the conclusion of the case, as well as losses or expenses that you will incur in the future.

For example:

Loss of earnings
Pension loss
Medical expenses
Clothing and personal effects
Cost of care
Transport costs
Aids and equipment
Accommodation costs
Vehicle damage
Policy excess
The actual specific task that you required assistance with
Details of who provided the assistance
How long they spent in completing the task
How often the task was repeated
Over what period of time you required this assistance.

Hire charges

Compensation payments are not subject to tax. You will however have to pay tax on any interest earned if the compensation is invested.

It is impossible to give an accurate time estimate as each case is different. There are two factors which will affect the length of time the case will take; firstly, whether liability is disputed and secondly, the severity of your injuries. It will not be possible to conclude your case until the defendant accepts or is found responsible for causing the accident. It is also not advisable to conclude your case until we know whether your injury will continue to affect you in the future. As a rough guide, if liability is accepted and your injuries are straightforward, your case could be concluded in between 6 to 18 months. We will advise you on the time scales as the matter proceeds and more information is available.

The basic rule is that proceedings must be issued at court within three years of the date of the accident or illness which gives rise to the claim.
In the case of a child, the three year time limit does not start until the child’s 18th birthday.
In the case of someone who does not have capacity to administer their affairs, the 3 year time limit does not start to run until the person gains capacity - it may therefore never start to run.
In some cases you may not know that you have been injured because someone else has been negligent. If that is so, the three year time limit does not start to run until you become aware of the injury.
If you have been injured through a criminal act and wish to apply to the Criminal Injuries Compensation Authority, the general rule is that the application must be made within two years of the criminal act.
If you were injured abroad, different time limits will apply and you should seek advice immediately.
It is always better to start your claim at the earliest opportunity, even if the person injured is a child. Delay can mean that the evidence will not be available to prove your claim. It may also mean that you will not have the opportunity to receive treatment or rehabilitation as early as you would like. Also, of course, you will not be in receipt of the compensation you are entitled to as early as you could have been.
Please remember that to comply with these rules, proceedings must be issued at court within the specified period. It is not enough simply to have notified the defendant or their insurer of your claim.
Failure to comply may result in you being unable to pursue your claim and receive the compensation you deserve.

If you have been injured as a result of an accident that is entirely your fault, then you will not be able to claim compensation as there is no one apart from yourself who is responsible. Sometimes however, you may only be partly to blame, and in those circumstances you can still claim against the other party who is also at fault. For example, if you step out in front of an oncoming vehicle, on the face of it you may be entirely to blame, but when you look further into the accident circumstances it may be that the driver was not paying proper attention and had they been doing so, they could have taken avoidance action. If that is so, then you will still be able to claim compensation. It will simply be reduced to reflect the amount of blame that is attributed to you. This is called Contributory Negligence.

Most cases settle through negotiation. It is only about 10% of cases that go to court and many of those are settled at court before the hearing begins. If you do have to attend court, we will guide you and support you throughout, and you will be represented by a specialist solicitor or barrister at the hearing.

It is illegal for your employer to sack you because you make a claim against them. Your employer should be insured and their insurance company will handle the claim and pay the compensation.
If you think your job will be threatened if you make a claim you should contact our Employment Department immediately.

1. Detailed Description of what happened
It is always a good idea to make a written record of how the accident happened as soon as possible after the event, when it is still fresh in your mind. Describe as much as possible. It’s better to have too much information than too little. Date, time and location are vitally important.
2. Details of the Responsible Party
Preferably the full name and address of the responsible party. If the police attended, the name and number of the officer and the station where he or she is based is also important.
3. Witnesses Details
Try to get the full name and address of any witnesses to the accident. Even if they didn’t actually see what happened, they may have important information that can help your case.
4. Receipts and Expenses
Make a note of all your expenses as you go along and retain receipts. Keep a record of your medical appointments and if you travel by car, make a note of the mileage and parking fees. If you go by bus or taxi, keep the receipt. For more information see What is my Claim Worth?

A barrister who specialises in Personal Injury law will sometimes be part of your legal team. They are usually involved in high value cases or cases where there are complicated legal or medical issues. They will usually advise in writing, but sometimes they will want to meet with you. A barrister will also be instructed to represent you if your case goes to trial, as they are specialists in advocacy.

No. We are a firm of Solicitors. We are professionally qualified and are subject to strict regulatory standards set by the Solicitors Regulation Authority. We are accredited by the Association of Personal Injury Lawyers (APIL). Our lawyers are members of APIL, and some have individual accreditation with APIL. We also have individuals who are members of the Law Society Personal Injury Accreditation Scheme.
Membership of APIL and the Personal Injury Accreditation Scheme is a quality mark demonstrating a high standard of expertise in Personal Injury law.

Quantum - The amount your claim is worth
Compensation/damages - The money you will receive when your claim is successful
General damages - The compensation you receive for the injuries you have suffered. See What is my claim worth?
Special damages - The compensation you receive for the losses and expenses you have incurred or will incur in the future. See What is my claim worth?
Bereavement damages - A statutory award given to a limited category of relatives in a Fatal Accident claim. Currently £11,800
Dependency claim - The compensation awarded to those who were financially dependant on the deceased in a Fatal Accident claim
Claimant - The person bringing the claim
Defendant - The person or body the claim is against and is alleged to be responsible. There could be more than one.
Litigation Friend - If the injured party is a minor (under 18), or does not have the capacity to manage their affairs, they must have an adult to handle the claim on their behalf. It is usually a relative, but it can be any adult. The Litigation Friend must provide the information and make decisions in the claimant’s best interests.
Liability - Legal responsibility for the accident. It must be proven against the defendant in order for you to be entitled to compensation.
Letter of Claim - Formal letter to the defendant setting out your claim and holding them responsible.
Pre-action protocol - A procedure that has been agreed between the Claimant’s Representatives and Defendant’s representatives. It allows the defendants 3 months to investigate the claim once they have received the Letter of Claim. At the end of that period they must either admit liability, or set out their defence and provide disclosure of all relevant documents to the claim. The claimant should not issue proceedings at court before this period has expired.
Litigation - The commencement of legal proceedings at court.
Limitation - The time limit imposed to commence legal proceedings at court. In a personal injury claim the general rule is that proceedings must be issued at court within 3 years of the date of the accident. For more detail see Are there any time limits?
Civil Procedure Rules (CPR) - These are the rules that set out how a case must be conducted. They are binding on both parties. There can be sanctions if they are not followed.
Part 36 - Offer A Civil Procedure Rule that relates to the making of offers. An offer can be made by either party and can be in relation to the whole or any part of the claim. The offer remains open to be accepted for 21 days. If the offer is accepted late or is rejected but is not beaten when the issue is finally determined, a cost penalty may be imposed.
Contributory Negligence - This is the term used to describe the situation where you are also partly to blame for causing the accident and or your injuries. If you are found to be partly responsible, the compensation you receive will be reduced by the amount of blame that is apportioned to you. It is expressed as a %. For example, in road traffic accidents, if you are injured and you were not wearing a seat belt, it is common to have your compensation reduced by 25% to reflect the fact that your injuries are likely to be worse because you were not wearing a seat belt. Also see What if the Accident is my Fault?
Costs - The legal fees incurred in pursuing your case. They are made up of Profit Costs, the fees for the work done by the solicitor and Disbursements (see next heading).
Disbursements - The fees charged by third parties who provide a service to your claim, for example medical experts fees, court fees.
Conditional Fee Agreement (CFA) - Also known as the no win no fee agreement. It is the contract between the solicitor and the client where the solicitor agrees not to be paid if the case is unsuccessful.
Success Fee - The additional charge a solicitor can make if they take a case on a CFA. It is calculated as a % of the solicitors profit costs and cannot be more than 100%. It is a charge payable by the defendant if the case is successful. Some solicitors will also charge their client a success fee.
Legal Expense Insurance - A policy of insurance that will cover your legal costs and those of the defendant if your case is unsuccessful. The amount of cover is usually limited. These policies are usually taken out before the accident happens and are also referred to as Before the Event Insurance (BTE).
After the Event Insurance - A policy of insurance that is taken out after the accident and for the sole purpose of providing cover for your legal costs in bringing the claim. It is usually taken out to support the CFA and will cover your disbursements and the defendants costs and disbursements if your case is unsuccessful.
Witnesses - Any person who gives evidence in your case.
Experts - Expert witnesses who are instructed to give an opinion on a particular aspect of your case, most commonly a medical expert who will give an opinion about your injuries.
Compensation Recovery Unit (CRU) Certificate - This is a certificate issued by the Department of Works and Pensions. It states whether you have received state benefits as a result of your accident. If you have, then the benefits may have to be repaid from part of your compensation.
Settlement - The agreement reached at the conclusion of the case.
Judgement - An order of the court, having made a ruling in the case. A final Judgment will be made at the conclusion of a trial.
Quantum - The value of your claim. A term often used by lawyers when referring to the amount of compensation or damages.

Do not delay. For free advice contact our New Enquiries Team today, by phone or using the online claim form below. All information is treated with the utmost confidentiality.
Call us now: 01279 638803
Online Claim Form