FAQs

NO. We will protect you in the event that your claim fails. This means, unlike many other Solicitors, we will not ask you to pay an expensive insurance premium at the end of the case. You therefore get to keep more of the compensation you deserve.

NO. We will fund all the costs such as medical reports and court fees during the life of your case. If the claim succeeds these costs will be recoverable from your opponent, if the case fails we will pay these expenses on your behalf.

If you want to obtain the appropriate amount of compensation, it is important your solicitor has expert knowledge in the area of law involved in your individual case. Our team only specialise in personal injury litigation and we are here to help you.

YES. European Union Legislation states that you have a right as a client to instruct a Solicitor of your own choice to handle your case. We would always recommend choosing a specialist firm with a dedicated team who are experienced in the area where you wish to make a claim. ASD have expert Solicitors who have a wealth of experience in dealing with serious injuries, road accidents, accidents at work, and industrial disease cases.

YES. We believe that personal injury claims should not be dealt with on the telephone or through form filling. For that reason we guarantee a home visit by one of our experienced solicitors – not an unqualified claims investigator. Because we deal with clients face-to-face we can usually only assist people who live in Yorkshire, Derbyshire, Nottinghamshire, Lincolnshire and Humberside.

It’s hard to accurately predict, without knowing the details of your case but many straightforward cases are settled within 12 months. Complex, high value and serious injury cases may take two to three years, depending on the ability of medical experts to provide a definitive prognosis. We always settle our claims as rapidly as we can and will keep you informed every step of the way.

Without expert medical evidence it is very difficult to assess the potential value of your claim. You will be entitled to compensation for General Damages i.e pain suffering and loss of amenity, and any financial losses. In more serious injury case you may also be entitled to future loss of earnings and other heads of claim.

YES. We deal with each case individually so once we’ve assessed your case we can then pursue a claim for the following, where appropriate:

• Future and past loss of earnings
• Medical care costs
• Any additional time that friends or members of your family spend caring for you
• Any other financial losses or expenditure directly linked to your accident.

By law, you must begin your claim within three years of your accident. We would recommend seeking expert advice sooner rather than later. Claims for children and those incapable of managing their own affairs can be started outside the three year period, and the Court can allow for certain other exceptions outside the three year limit.

We only can assist where there are reasonable prospects of success. In order for us to assess what the prospect of success are please give one of our Solicitors a call on 0800 163 622.

Many people as us ‘how many personal injury claims go to court?’ There is no set answer, if the opponent does not admit liability then you may have to go to court. Take a look at our step-by-step guide to making a claim to find out more.

Very few claims end up going to trial, but if it does ASD have the expertise to present your case and will already have the details they need to do so.

If you are not interested in financial compensation but would like an apology you can follow the route of making a formal complaint to the other party i.e. if it is an organisation they may have a formal complaints procedure which may include issuing an apology.

YES. We will arrange for you to seen by a medical expert. It will be someone who we have used before because we normally only accept instructions from local people.

Insurance companies have increasingly been using the practice ‘third party capture’. This where the insurer contacts a person direct to make an offer to settle a claim, often without medical evidence, in order to ‘buy’ off the injured person. It is entirely a matter for the injured person whether they accept the offer made provided that person is not a child or not of capacity. However the insurance companies primary duty is to its shareholders not to the person they are compensating, in practice this often means injury victims are offered only a fraction of what their claim could be worth. Our advice is clear; instruct a local Solicitor with expertise in personal injury claims, only then will you get independent advice as to how much your claim could be worth.

YES. Often physiotherapy is a crucial part of the rehabilitation process after an accident so we work closely with local physiotherapists and The Injury Care Clinic who retain a national network of physiotherapists. Through our physiotherapists we can arrange sessions of physiotherapy for you at no charge to help you get back on your feet.

YES. We work closely with the Psychology Service who retain a national network of psychologists. We may be able to arrange Cognitive Behavioural Therapy or EMDR at no charge to you.

Possibly. If you have not sustained any physical injured but have suffered a recognised psychological injury as a result of the fault of another you are likely to be entitled to compensation. We would arrange for you to be seen by a Psychologist who would be able to assess you in order to determine whether you are entitled to be compensated. If you have it is likely you would also be entitled to recover the cost of therapy.

Possibly. To instruct a Solicitor the value of your claim normally has to exceed a £1000. To determine whether this is likely please give one of our Solicitors a call on 0800 163 622.

YES. You can make a fatal accident claim when the accident was due to the negligence of another party. So whether a loved one was killed as the result of a road traffic accident or an accident at work you can file for compensation on their behalf. The family of the deceased can receive the compensation. Although it may not come as much comfort, the compensation can go towards repaying any losses incurred such as funeral expenses. If the deceased was the main earner in the family and left behind children then the money can be used to support their family. Partners in a civil partnership and cohabiters who are in a long term relationship and have lived together for at least two years can also claim compensation as in the eyes of the law they are treated the same as a married couple.

The first thing that will happen is a face to face meeting with one of our qualified solicitors to take through your case and establish whether you have a claim. Take a look at our guide to making a claim to get a step-by-step walkthrough of the process.

Legal responsibility for an accident or injury is known as liability and determining who is at fault is unique to each case – so you won’t know for certain that someone else is at fault until you consult with a legal expert.

However, the general rule is that if someone was careless, and that contributed to the cause of the accident, then they are at fault. In legal terms this is known as negligence. The other party must have a “duty of care” which has been neglected for you to have a case.

Often you may feel that the accident is your fault, when in fact other circumstances which someone is responsible for have contributed to the event. It is possible that you had a part to play in the accident (for example, in a road traffic accident) but that another party was more careless – in this instance, you may still have a case.

To establish who is legally at fault it is best to consult with a solicitor. Establishing fault is part of the initial process that will be undertaken when you get in contact with a legal expert.

A schedule of loss is a document that lays out how much compensation you want if your claim is successful. A solicitor will propose this amount based on factors such as potential loss of earnings, health care costs, care costs etc. This is calculated by totalling up various “heads of loss”. To find out more about this process visit our article detailing how personal injury compensation is calculated.

Yes. This is a very common “head of claim” that contributes to your overall compensation. We will take into account both immediate loss of earnings and future projections. See our article “how personal injury compensation is calculated” to find out more.

Yes. General damages are defined as the damages and injuries that are a direct result from the injury or the accident. So, for example, the broken leg caused by a fall at work or mental anguish caused as a result of the incident. These can be harder to calculate precisely compared to special damages.

Special damages are similar to general damages; they have to be proven specific to your personal circumstances. So, for example, loss of wages and earning capacity is different for everyone depending on their salary at time of accident and their line of work.

No. Compensation awarded for personal injuries cannot be taxed whether received in a lump sum or over a period of time.

Yes. This is especially useful if you don’t want your settlement to affect any state benefits you are currently receiving.

If someone involved has public liability cover then we will communicate with their insurers instead of them directly. It will not affect the party’s legal responsibility or the legitimacy of your claim.

When the defendant has insurance, including third party insurance, your solicitor will simply communicate with the insurer rather than direct with the individual involved. This is common practice in lots of personal injury claims, especially road traffic accidents.

Yes, if the accident was caused by someone else’s negligence or breach of duty and if you suffered injury.

A family member can make a claim on your behalf if you are unable to be involved in proceedings. ASD offer face to face meetings at your home, in order to assist.