Questions:
1: What sort of legal work do you do?
2:
Why should I choose Barratt
Goff & Tomlinson to handle my claim?
3: What
should I bring to the initial interview?
4: What can I claim compensation for?
5: How does my claim progress?
6: How
long will my claim take to settle?
7: If my case is going
to take a long time to settle what do I do for money?
8: Who
will pay the compensation?
9: How do I manage the compensation when my
claim is over?
Q What sort of legal work do you do?
A Barratts
deal with personal injury and clinical negligence claims including
the following:
- Road traffic accidents
- Cerebral palsy claims
- Accidents at work
- Criminal injuries
- Industrial disease claims
- Inquests
- Tripping/slipping accidents
- Occupiers liability claims
- Accidents whilst on holiday
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Q Why should I choose Barratt
Goff & Tomlinson
to handle my claim?
A Because we specialise
exclusively in this type of work for which we have developed
a national reputation. Our biggest source of work is recommendation
from former clients - at the end of the day former clients
are those who are best able to judge the quality of our service.
The next biggest source of work is from other solicitors, very
often
Solicitors representing Insurance Companies who see how hard we fight for our
clients.
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Q What
should I bring to the initial interview?
A It would be helpful if
you could bring the following documents and information with
you, where possible:-
- Your car and/or home contents insurance documents
- National Insurance number
- Wage slips - before and after the accident
- Name and address of your GP and the hospital you attended
after the accident
- The name and address of the person you wish to make a claim
against and if possible their insurance details
- If the police were involved the name of the officer and address
of the police station
- Any receipts you may have for expenses
incurred
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Q How does my claim progress?
A When pursuing a claim for personal injury the following will have to be done:-
- Letter of claim sent to the Defendants, notifying them of your claim. They have 21 days to acknowledge receipt and
3 months thereafter to confirm their decision on liability. (NB: there are exceptions to this rule)
- Witness statements and a police report may need to be obtained if liability is in dispute
- Medical records and medical reports will need to be obtained in respect of injuries sustained
- Benefits documents, employment/earnings details and details of financial losses will need to be obtained to quantify financial loss
- In some instances Court Proceedings may be issued. For example, if the 3 year limitation period is approaching or if liability
remains in dispute between the parties. In high value claims Court Proceedings are generally commenced. The claim will then follow a
timetable set by the Court and the parties
- If liability is established and once the claim is quantified negotiations will take place between the parties to try and
settle the matter without if proceeding to trial
When pursuing a claim for clinical negligence the above will have to be done but generally not in a similar order:-
- Clinical negligence claims can be funded by the Legal Services Commission if a person is eligible. Before the LSC will consider
a case the Complaints Procedure for the particular hospital, GP etc will have to be followed
- We can provide assistance with how to follow the Complaints Procedure. This involves a letter being drafted to the Hospital/GP,
in your name, setting out your complaint. The hospital must then respond within 28 days acknowledging receipt of the complaint and
advising when they will provide a substantive response. The Complaints Procedure should usually be undertaken within 6 to 12 months
of the act causing you to complain
- Reports on liability and causation (assessing the care/treatment you received and whether that caused injury) are quite often
obtained before the Letter of Claim is sent to the Defendant. This is to ensure that there are grounds for pursuing the Defendant
before initiating a claim
- Clinical negligence claims, generally take longer to 'get off the ground' than personal injury matters. Conferences are usually
held with the experts instructed on liability and causation and quite often a barrister. This is to assess the merits of the claim
and to decide on the next steps to take
The amount of work involved in pursuing a claim for either personal injury or clinical negligence will depend very much on injuries.
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Q What sort of legal work do you do?
A Barratts
deal with personal injury and clinical negligence claims including
the following:
- Road traffic accidents
- Cerebral palsy claims
- Accidents at work
- Criminal injuries
- Industrial disease claims
- Inquests
- Tripping/slipping accidents
- Occupiers liability claims
- Accidents whilst on holiday
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Q How
long will my claim take to settle?
A This
depends very much on the severity of the injury. If you have
a relatively minor injury and make a speedy recovery then we
are often able to settle the claim within a few months. However,
many of our clients have suffered devastating injuries and
we cannot settle those claims until the experts have given
a final prognosis; sometimes it takes over three years for
a final prognosis to be given.
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Q If my case is going
to take a long time to settle what do I do for money?
A We are often able
to obtain interim payments on account of your compensation
to cover your financial losses and additional expenses as the case
goes along. It is not uncommon in major claims for us to obtain
interim payments of several hundred thousand pounds in order
to buy special accommodation, carry out adaptations, provide
for carers, equipment, transport etc.
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Q Who
will pay the compensation?
A This
is to be paid by the insurance company of the person, company
or health authority responsible for your injuries. If you are injured
in a road traffic accident and the driver was not insured or
was untraced then compensation is paid through the Motor Insurers
Bureau. If you are claiming compensation for a criminal injury
then this will be paid by the Criminal Injuries Compensation Authority.
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Q How do I manage the compensation when my claim
is over?
A We
do not give direct investment advice to our clients but we recognise
the importance of ensuring that compensation awards are properly
invested. We are therefore able to supply names and addresses
of independent financial advisers who specialise in investing
compensation awards. We can also give you the names of other
solicitors who can set up special needs trusts, which will prevent
you losing means tested state benefits as a result of you receiving
a compensation payment.
For those individuals who cannot manage their property or affairs,
the Court of Protection may well become involved. We assist with
making any such application to the Court and in some cases act
as Receiver for our clients when we ourselves take responsibility
for all financial transactions.
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