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We’re Local

We guarantee a home visit by a solicitor within 3 hours of your call. Our commitment to providing a face to face service by a Solicitor means we can only act for people within our region, who live in Yorkshire, Lincolnshire, Nottinghamshire, Derbyshire and Humberside.

We’re Qualified

Our team consists of dedicated solicitors who specialise in personal injury claims – and we do nothing else! We’re all members of the Association of Personal Injury Lawyers and we are an Accredited Practice. We are not claims handlers and do not refer claims to anyone else. We have been acting for local accident victims since we were established in 1984 and in that time we have recovered millions of pounds of compensation for thousands of local people.

We’re Solicitors

You can trust us. Unfortunately you cannot trust many of the companies you see advertise on the TV or the Internet. Claims Management Companies are NOT Solicitors they simply sell claims to the highest bidder. What they charge is unclear and many people are left out of pocket. We are very clear as to what we will charge you.

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General FAQs

Are there fixed costs for different types of personal injury?

Most solicitors will operate on a no-win, no-fee basis. This means that if you do win, a percentage of your compensation will go to the solicitor as a success fee. See No Win No Fee faq for more information

What if I am too incapacitated to attend meetings?

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.

I have had a claim before. Can I claim again if I have another accident?

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

How is third party insurance involved?

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.

What if someone involved has public liability cover?

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.

Can personal injury settlements be held in trust?

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

Are my settlements taxable?

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

What are special damages and can I claim for them?

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.

Can I claim for general damages?

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.

Can I claim for loss of earnings?

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.

What is a schedule of loss?

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.

How do I establish who is at fault?

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.

What if I feel the accident was my fault?

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.

How do I know if someone else is at fault?

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.

Can I make a claim on behalf of a loved one for a fatal accident?

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.

Can I make a claim on behalf of a loved one for a fatal accident?

My injuries appear very minor. Can I still make a claim?

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.

I have suffered psychological trauma, but no physical injury. Can I claim?

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.

I need psychological therapy but cannot afford to pay for it. Can you help?

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.

I need physiotherapy but cannot afford to pay for it. Can you help?

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.

I have been contacted by an Insurance Company and they have made an offer to settle my claim. Should I accept it?

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.

Do I need to be medically examined?

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.

What if I just want an apology?

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.

What if my claim goes to trial?

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.

Will I have to go to court?

Many people ask 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.

Will my claim succeed?

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.

How soon after an accident should I seek compensation?

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.

Can I be compensated for losses other than personal injury?

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.

How much is my claim worth?

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.

How long will my claim take?

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.

Does it matter where I live?

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.

Am I free to instruct a Solicitor of my own choice, rather than one my insurance company has recommended?

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.

Is it important that I instruct a specialist personal injury firm rather than a high street firm?

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.

Will I have to fund my case?

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.

Will I have to pay for an insurance policy to protect me in the event the case is lost?

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.

Will I have to pay anything if my claim is successful?

You will only pay a fee if your claim is successful and you win your case. How much you pay will depend on the type and value of your claim. There are no hidden fees so there will be nothing else for you to pay.

Will I have to pay anything if my claim fails?

NO. We provide a ‘No Win – No Fee’ service, which means if you lose you pay nothing. If we incur any expenses on your behalf such as the cost of obtaining a medical report you will not be asked to pay for these.

Accidents at Work FAQs

If I am an agency, temporary or contract/subcontract worker can I still make a claim?

Yes – however you are employed your employer still has a duty of care towards you especially when they control the environment you work in.

What if I had no training to perform something that caused my accident?

Then your employer has probably neglected their duty of care and you may have a case to make a personal injury claim.

What if I am pregnant during my accident?

If you or your unborn child are put at risk because of your accident then this will be factored in to calculating your “heads of loss.”

Will I have to go to court?

In rare instances if the defendant denies liability or an agreement can’t be reached as to the value of your claim, you might have to go to court, but normally personal injury claims can be settled without this step.

Can I still get disability benefit if I claim from my employer?

Your benefits may be affected by compensation. It could be the case that a certain portion of the compensation you have claimed has to be paid to the state to make up for the benefits they have been paying you. To find out more visit gov.uk.

What is contributory negligence?

Contributory negligence is the carelessness that may have contributed to injury or suffering. It is used to determine liability.

Does it matter what it says in the accident log book?

Yes. An employer should keep an accident log book and this should be filled out if an accident occurs. If there isn’t a record of the accident in the book you can still make a claim.

What if I was working abroad for my employer when my accident happened?

You can still make a claim if you have an accident abroad if your employer is proven to have neglected their duty of care.

Will I face disciplinary action if I claim from my employer?

No, this is illegal.

What happens to my pension if I claim from my employer?

Your pension is unaffected by your compensation.

Will I get full pay when I am off sick?

You’ll get pay according to your company’s sick pay package, which should be found in your contract of employment.

Will I get sick pay after my accident at work?

Your employer is obliged to give you sick pay in accordance with your normal sick pay package which should be set out in your contract of employment.

How do I know if my employer is responsible?

You will only know for certain if your employer is legally responsible by speaking to a solicitor or legal professional. Your employer is likely to be responsible if they have been negligent and/or breached their duty of care to you.

What if I am self-employed?

If you are self-employed but you are working at someone’s premises then you have exactly the same right to make a claim as an employee.

Can my employer obtain a medical report or seek access to my medical records?

Unless there is an express term within your contract you are not obliged to disclose your medical records or submit for a medical examination as arranged by your employer.

Do I have to keep my employer informed about my injuries and recovery? Can my employer call me in for welfare meetings or visit me at my home during my absence?

Generally it is always sensible to maintain good communication with your employer concerning your injuries and time off work; equally, a good and caring employer will wish to keep in contact with you during your absence and will wish you a quick recovery in the hope that you can return to work as soon as is possible. Accordingly, attendance at welfare meetings or visits from your employer are not uncommon. However, such meetings should not be used to discuss your case and claim and should be limited to your recovery or for accident investigation purposes, so as to assist your employer in preventing a reoccurrence.

When should I return to work after my accident?

As soon as you are fit enough and have recovered for your injuries you should return to work. The court will look favourably on an injured person who returns to work as soon as they are able, however, you should not return prematurely as this could delay your recovery from the injuries you sustained. Should there be any doubt then you should seek medical advice.

Can I claim for lost earnings?

YES. As part of your claim, whether you are an employee or self employed, your can recover the earnings you lose due to time off work caused by the injuries your sustained in the accident. Such lost earnings will be based on your average net earnings, worked out from your wage slips, accounts or tax returns.

Do I have to use solicitors suggested by or linked with my union?

NΟ. You can choose any solicitor you wish. Just because you are a member of a union does not mean that you have to use their recommended solicitor.

Will my employer keep my job open for me indefinitely?

It is unlikely. Should your injuries be so significant that you can’t return to work then understandably your employer will need to find a replacement. Similarly, should your injuries likely keep you off work for a number of months/years, then, subject to your contract, your employer may seek to terminate your employment. However, any such termination must be in accordance with your contract, be well considered and carried out whilst maintaining sufficient communication with you.

Will I lose my job if I claim against my employer?

Should you be dismissed as a result of claiming against your employer, following an injury at work, then your dismissal is likely to be automatically unfair. Similarly should be you be dismissed due to your employer’s breach of health and safety legislation, causing an accident and injury, then again your dismissal is likely to be automatically unfair.

How much is my claim worth?

It is very difficult to say without arranging for you to be seen by a medical expert. It may be that you have to be seen by a number of different experts before the evidence is complete. You will be entitled to claim for pain, suffering and loss of amenity. Lawyers refer to this head of claim as General Damages. You will also be able to recover compensation for losses incurred from the date of the accident until the claim is settled. This could include loss of earnings, travelling expenses, care provided by family members. A separate head of claim is future losses. This could include loss of earnings if you are unable to work or your ability to earn money is reduced or on-going care provided by family members.

Will I have to pay anything if my claim is successful?

Will I need to pay anything if my claim fails?

NΟ. ASD’s ‘No Win – No Fee’ service means that if your claim fails you won’t have to pay any fees. This includes any expenses, including fees for medical reports.

Road Traffic Accidents FAQs

Will claiming compensation for a road traffic accident affect my car insurance?

No, it should not affect your car insurance premiums.

I believe the road surface caused my road traffic accident. What can I do?

You may be able to claim compensation for the agency or authority responsible for the maintenance of the road. This is also true if they fail to respond to the treatment of roads in adverse conditions or if inadequate warning is given about the surface or condition of the road.

I had a road traffic accident with a bicycle or motorcycle. Can I claim compensation?

Yes, if the accident was caused by someone else’s negligence.

Does it affect my compensation claim if there is no police report on my road traffic accident?

No. By law, if there is a personal injury to another person in a road traffic accident, it must be reported to the police. If you were the person injured during the accident, this should have been reported. However, there are some occasions where this doesn’t happen – for example, the injured person wasn’t aware of their injury until sometime after the accident. It’s also important to remember that police aren’t the only investigators: often third party investigators can be hired, or insurance companies may have their own investigators to send. If you suspect the driver was uninsured you should report the matter to the police immediately.

I had a car accident whilst I was driving on a provisional driving licence. What next?

If you were driving legally (that is, under the appropriate supervision whilst holding a provisional licence) and the accident was someone else’s fault, then you may be entitled to claim for compensation in the same way as a driver with a full licence.

Even if you were driving illegally, (ie, unaccompanied by a driver with the required experience) and you were involved in an accident that was someone else’s fault, this should not affect your case.

I was in a collision with an animal. What should I do, and can I claim compensation?

If the animal was owned rather than wild, and it caused your accident, you could have a case for negligence against its owner. Read our complete guide to Road Traffic Accidents Caused by Animals here.

A baby or child was in the vehicle and injured during the accident. What do I do?

The parents or next of kin of the baby or child can claim on behalf on the child for any injuries they sustained. Read more about the different types of damages you may be able to claim for and how they’re calculated.

I have been injured during a road traffic accident whilst in a hire car. Can I make a claim?

Yes, if the accident was caused by someone else’s negligence, then you may have a case to claim.

I have been injured as a passenger of a taxi that was in an accident. Can I make a personal injury compensation claim?

Yes. Whether the accident was caused by another vehicle or by the driver of the taxi you were a passenger of, you may be able to make a claim for personal injury compensation against either the third party or against the taxi driver. However, the value of your claim could be reduced by up to 25% if you failed to wear a seat belt.

My vehicle hit a stationary or fixed object like a parked car, roadworks or something that was left in the road. What can I do?

Depending on whether you were at fault by carelessness, or whether the obstruction caused your road traffic accident (such as an unlit roadwork, obstacle in the road, or unsafely parked car), you may be able to make a compensation claim for personal injuries caused by the owners’ negligence. Negligence may be claimed against the company or authority carrying out the roadworks, or the owner of an unsafely parked car.

Are road traffic accidents reportable under RIDDOR?

RIDDOR means the Reporting Of Injuries, Diseases and Dangerous Occurrences Regulations 2013, which require the reporting of specified workplace accidents by employers, self-employed people and those controlling workplace premises. Most road traffic accidents are not reportable under RIDDOR, unless they involve roadworks or they are workplace-related, and they also involve a reportable type of injury.

I was in a car accident that wasn’t my fault, but I have no car insurance. Would this affect a claim for personal injury?

No. Although driving without insurance is illegal this would not affect a claim for personal injury if the other party was negligible. Please contact us to find out more.

Do I have to tell my insurance company if I have a road traffic accident?

It’s generally a good idea to tell your insurance company if you have an accident, even if you’re not claiming through them – because there may be a clause in your insurance policy that invalidates your cover if you don’t disclose incidents in this way.

Is there a duty to report road traffic accidents?

Yes, if there is an injury to another person then you must report the accident to the police as soon as possible or at least within 24 hours.

If there is only damage to property, such as the vehicles involved, then it’s fine to just exchange insurance details.

Who investigates road traffic accidents?

The police will usually investigate collisions and write up a police report. Sometimes traffic officers from Highways England may also be involved. If liability is disputed, then insurance companies may hire third party investigators to find out what happened.

Do I have to show my insurance certificate after a road traffic accident?

If you are a driver of a motor vehicle and there was personal injury to someone else, you must also produce a valid insurance certificate if asked to do so. If you’re asked to do so at the scene of the accident but do not have it with you, then you must report the accident, in person, to the police within 24 hours, and take the insurance certificate to a police station within 7 days of the accident.

What must I do if I’ve had a road traffic accident?

If you are a driver of a motor vehicle and there is damage to either vehicle, road furniture or property, or there is injury to another person or animal, then you must stop at the scene and provide your details (your name and address, those of the vehicle’s owner, and the car registration) when asked by someone who has reasonable grounds to request them (regardless if the accident was your fault or not). If you don’t exchange these details at the time of the accident, then you must report the accident to the police (in person) within 24 hours.

What’s the definition of a road traffic accident?

A road traffic accident means an accident resulting in injury to any person caused, by, or arising out of, the use of a motor vehicle on a road or public place.

If I was in an accident where the other driver drove away from the scene and has never been identified, is it still possible to claim?

Yes, in many such circumstances you can claim compensation through the Motor Insurers’ Bureau Untraced Driver’s Agreement. Unfortunately this is not always possible and the amount awarded is limited, but we can help you with your case. Simply call our Freephone line 0800 163 622 or get in touch via our quick enquiry form.

I’ve been involved in a road accident and the driver of the other vehicle wasn’t insured. Can I still claim?

YES. If the driver did not have insurance but the vehicle he was driving was insured, the vehicle’s insurance company must deal with your claim. If neither the driver nor the vehicle were insured, your claim will be dealt with by the Motor Insurers’ Bureau Uninsured Driver Agreement.

If I wasn’t wearing my seatbelt at the time of the accident, can I still make a claim?

YES – if you were injured and the accident was not your fault then you will still be entitled to make a compensation claim. It’s important to note though that the amount of compensation offered to you may be reduced if, during the case, it is found using a seatbelt would have resulted in your injuries being less severe.

The car I was travelling in as a passenger was driven by someone who I knew had been drinking or taking drugs. Can I still make a compensation claim?

YES, you can still make a claim but a court will have to consider whether you were aware of the ability of the driver to drive safely and if you knew they were under the influence. We have the expertise to help you make a claim in these circumstances so call us to discuss your case on our Freephone line 0800 163 622 or get in touch via our quick enquiry form.

I’ve been involved in a road traffic accident and I might be at fault. Can I still claim for compensation?

Even if you think you were to blame, you may still be entitled to compensation as an investigation into an accident often reveals that someone else was at least partly to blame. Call us about your case on our freephone line 0800 163 622 or get in touch via our quick enquiry form.

How is my claim processed?

You will be seen ‘face-to-face’ by one of our Solicitors. We will deal with your claim from start to finish. A claim form will be sent to the guilty party’s insurers. They will have 21 days in which to either accept or reject the claim. If liability is accepted then we will arrange for you to be medically examined.

Once we have received the medical report, you will receive a written valuation from us. Upon your instructions, a proposal will be put to the insurers who have 21 days to either accept the offer or make a counter offer. If agreement cannot be reached a brief hearing before a District Judge will determine the value of the claim. You would not need to attend. If liability is denied then court proceedings maybe required to determine who was at fault.

I have been injured as a result of someone driving a stolen vehicle. Can I claim?

YES. If the person who stole the vehicle is identified it is likely that the insurance company for the vehicle that was stolen will have to compensate you for your injuries and loss. If the person is not identified then the Motors Insurers Bureau will compensate you. The MIB is a body set up by the government, but funded by the insurers to compensate the victims of untraced and uninsured motorists.

What is whiplash?

Please read our article: “Whiplash: What it is, what causes it and how you can claim“

I suffered injury but the damage to my vehicle is only small. Can I still make a claim?

YES. The insurers may seek to claim that it was not possible for occupants of your vehicle to have been injured given the minor damage and low speed of the collision. We will arrange for you to be seen by a medical expert who will assess your injuries. If you were injured in the accident you will be compensated.

I am without a car; can I make a claim for the inconvenience?

YES. You are likely to be entitled to a ‘loss of use’ of vehicle claim. This could be £90 per week.

My car is a ‘Write Off’ and I am insured third party fire and theft only. What happens next?

The insurers for the person who caused the accident will be responsible for compensating you for the vehicle. They will inspect it and send you a cheque for the pre-accident value of the vehicle. If you require a hire a car in the meantime we can arrange it.

I need a hire car. Can you help?

Yes. Through Enterprise we can arrange a replacement vehicle free of charge.

My vehicle needs repairing and I do not want to involve my own insurance company. Can you help?

YES. Through Enterprise we can arrange for your vehicle to be repaired to a high standard and for you to be given a hire car when the repair is being carried out. Enterprise will arrange to be paid by the guilty party’s insurance company.

Will I have to pay anything if my claim is successful?

YES. You will only pay a fee if your claim is successful and you win your case. How much you pay will depend on the type and value of your claim. There are no hidden fees so there will be nothing else for you to pay.

If I have been injured as a passenger on a bus, can I make a compensation claim?

YES. It is the responsibility of a bus company to provide a safe and positive travel experience. Once you get on a bus you automatically enter into a contract with the company and you have rights as a passenger – for example, you have the right to be transported to your chosen destination in a safe manner. If you have suffered an injury which you weren’t responsible for whilst being a passenger on a bus then it’s the bus operator who is liable, provided that the accident wasn’t due to another driver on the road. If the injury was the result of another driver then there is a chance that you can make a claim against them.

Will I have to pay anything if my road traffic accident claim fails?

ΝΟ. ASD operate a ‘No Win-No Fee’ service. This means if your claim is not successful then you won’t have to pay any fees. You won’t be charged for any expenses either, such as fees for obtaining medical reports for example.

Serious Injury FAQs

Are there fixed costs for different types of personal injury?

Most solicitors will operate on a no-win, no-fee basis. This means that if you do win, a percentage of your compensation will go to the solicitor as a success fee. At ASD we take a smaller percentage than the majority of our competitors.

What is a statute of limitation?

A statute of limitation refers to the time-limit you have to make a personal injury claim. Generally this is a three year time limit from the date of the accident. However, it is not always as cut and dried as it sounds – especially in the case of industrial disease.

What if I have serious injury protection coverage?

If you have coverage your insurer is obliged to pay out a certain amount to you, but its best to get in touch with a solicitor first as your insurer might try and make you settle for less than you are actually owed.

What is serious injury protection?

You can purchase personal injury cover insurance, although it is not common. This will ensure an amount of compensation from your insurer.

What is a mediation settlement?

A mediation settlement is an agreement reached via mediation.

Is there mediation involved in a serious injury claim?

You can have mediators involved in your serious injury claim if you think it would help. Mediators can be useful to try and resolve a dispute without going to court. Though agreements made in mediation are not legally binding, you can have a solicitor present who can draw up a legally-binding agreement based on what has been said during mediation.

Is there a difference between serious psychological injury and bodily injury?

Each claim is specific to your circumstances and injuries suffered. The severity of the injury is what will dictate the compensation you will receive, not whether it is psychological or bodily. Psychological injuries can be proved just as easily as physical ailments and we will consult with psychiatrists and psychologists in the case of psychological injury.

What forms will I need to fill out?

We come and see you direct, so you don’t have to fill in lengthy forms. Instead we will take details from you face-to-face.

Can I claim on behalf of someone who is too injured to handle the claim themselves?

Yes. You can claim on behalf of a family member.

What counts as a serious injury?

Serious injuries tend to be injuries that have a drastic impact on your life often changing it forever. They include things like spinal injuries, severe burns or amputations, brain injuries or paralysis.

As a result of the accident I am suffering financial hardship. Can you help?

YES. If you have been seriously injured we will endeavour to obtain an interim payment from the insurance company. Such a payment is unlikely until the insurers have investigated the issue of fault. In the meantime we may be able to offer you an interest free loan of up to £2500.

My family are providing a lot of support. Will they be compensated?

YES. You are entitled to seek compensation for both past and future care provided by friends and family. The level of compensation for care will depend upon the severity of your injury.

I need physiotherapy but cannot afford to pay for it. Can you help?

YES. Often physiotherapy is a crucial part f the rehabilitation process after an accident so we work closely with local physiotherapists. Through our physiotherapists, we can arrange sessions of physiotherapy for you at no charge to help you get back on your feet.

I may need professional care. What next?

If it is supported by expert evidence you will be able to recover compensation for care provided by a nurse. We will arrange for you to be seen by an occupational care expert who will see you in your home to determine the type and level of care required.

Do you provide rehabilitation?

YES. We work closely with The Injury Care Clinic. They will carry out an immediate needs assessment to see how they can assist. They may be able to assist in your return to work, or provide aids and equipment in the home. They may appoint a case manager giving a person to contact if you need additional assistance. The cost is paid for by the insurers for the person or company who caused the accident.

How much is my claim worth?

Without a medical assessment and face-to-face meeting with one of our Solicitors it’s very difficult to say how much a claim is worth. To ensure the evidence for the claim is comprehensive, you may have to be seen by a number of different experts. Bear in mind that you will be entitled to claim for pain, suffering and loss of amenity as part of your compensation claim, these are known as General Damages.

You can also recover compensation for losses incurred from the date of the accident until the claim is settled which could include:

Loss of earnings
Travelling expenses
Care provided by family members.

You can also recover future losses, which could include future loss of earnings if you are unable to work or your ability to earn money is reduced, or on-going care provided by family members.

What is the Serious Injury Team?

They are Solicitors who have at least 8 years’ experience in dealing with personal injury claimants who have suffered serious or catastrophic injuries. Please click the link to meet the Solicitors within the team.

Who will Deal with my Claim?

You will deal with a Solicitor from this firm from day one. You will not be referred to another company . You will always be dealt with by an experienced Solicitor from the Serious Injury Team. Following your initial call we will arrange to see you immediately, whether in hospital or at your home. The case will be dealt with by the same person throughout. When it is necessary to meet you, the meeting will take place in person at a venue of your choice.

Will I have to pay anything if my claim is successful?

YES. You pay a success fee, but only in the event that you win your case. The success fee is a percentage of the damages recovered. There is nothing else for you to pay. No Loans, No Interest, No Hidden Charges and No Insurance Premiums In a serious injury case the success fee is 10% + vat

EXAMPLE
claim settles for £35,000, you would receive :-
Damages £35,000
LESS success fee £4,200
BALANCE DUE TO YOU £30,800

Will I have to pay anything if my claim fails?

NO. ASD’s ‘No Win – No Fee’ service means if you lose your claim you won’t have to pay anything. This includes any expenses, for example the cost of obtaining a medical report.

No Win, No Fee FAQs

Am I free to instruct a Solicitor of my own choice, rather than what my insurance company has recommended?

Yes. 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.

Do children pay a success fee?

No. The service to children is free and there are no deductions if the case is successful. A child will therefore receive 100% of their compensation.

What is the level of the success fee?

This will depend on the complexity of the case and its value. In serious injury cases, we guarantee the success fee will never be more than 10% plus VAT of any damages recovered.

Does ASD charge an insurance premium for an insurance policy?

No. We will not require you to take out an insurance policy, and therefore you will not be charged an insurance premium at the end of the case. We take the risk, and this is one of the reasons that justifies the success fee.

Does ASD deduct a shortfall if they can’t recover all of their costs?

No. We will not charge you the difference between our costs and what we can recover from your opponent. In our no-win, no-fee agreement, all you pay is the success fee.

Are all ‘no win, no fee’ agreements the same?

No. In the event of a ‘win’ some law firms charge clients more than a success fee. There are two main ways some law firms get clients to pay in addition to the success fee – a shortfall on recovery of their costs and an insurance premium for an insurance product (ATE).

ASD do not charge a shortfall nor an ATE premium.

Shortfall

In the event of a ‘win’ in addition to a client paying the success fee, law firms are able to seek their costs and expenses from the paying party, often an insurer. If they cannot recover all of their costs from the insurer, they may seek to recover any shortfall from their clients. The shortfall is deducted from the damages in addition to the client paying the success fee.

Insurance Premium

Some law firms require clients to purchase an after-the-event insurance policy (ATE). This policy provides protection in the event the claim fails – paying for such expenses as court fees and medical expert’s fees.

The premium cannot be recovered from the paying party and is deducted from the client’s damages in addition to the success fee and possibly a shortfall in recoverable costs. In higher value cases the insurance premium can run into many £1000’s of pounds. Some solicitors have a financial interest in the insurer providing the policy.

What do I pay if I win?

All you pay is a success fee. This is a fixed % of your damages and is agreed in the ‘no win no fee’ agreement entered into at the beginning of the case. The success fee can never be more than the agreed fixed % but can occasionally be less.

There are no hidden fees, so there will be nothing else for you to pay.

Will I have to pay anything if my claim fails?

No. ASD’s ‘No Win – No Fee’ service, which means if you lose you pay nothing. If we incur any expenses on your behalf such as the cost of obtaining a medical report, you will not be asked to pay for these.

What is no win, no fee?

This is an agreement or formal contract between a client and a solicitor. It is most often used in personal injury claims but can also be used in other types of civil litigation. In the event that the claim is unsuccessful then in most cases, the solicitor will not charge their client.

Industrial Disease FAQs

Do I have to get a medical examination?

In most cases, yes, so an independent medical expert can assess your health problems and the impact on your life.

I don’t know if my illness or injury was caused by my work or whether I would have got it anyway. How do I know or how can you prove it?

You may not know, but if you have health problems and you think they have been caused by your job or work conditions, then seek medical attention and contact us as soon as possible.

The employer that caused my illness or injury has ceased trading or gone out of business. Can I still claim?

Yes, we can trace them on your behalf. It doesn’t matter whether they are still trading or have gone out of business.

I don’t work for the employer that caused my injury any more. Does that matter?

No, you can still pursue a personal injury compensation claim against a previous employer.

What does the ‘date of knowledge’ mean for industrial disease?

The date of knowledge means the time you started to experience symptoms of your illness or injury, or when you thought that perhaps your employment had been the cause of your ill health. For more information on the date of knowledge and whether the time limit has already started to run, read Industrial Disease: You Might Have More Than 3 Years Since Employment To Claim.

The employment that caused my injury or disease was many years ago. Can I still claim?

Yes, especially if your condition has taken many years to develop or show symptoms. For more information, read Industrial Disease: You Might Have More Than 3 Years Since Employment To Claim.

I feel loyal to my old employer and don’t want to damage them financially.

Employers must take out liability insurance, for precisely the purpose of paying out for any personal injury liabilities such as your claim. So, when you make a successful claim against an employer or former employers, the money is actually paid by their insurers.

Does noise-induced hearing loss count as an industrial disease?

Yes, it can count as a form of occupational illness. While it is not necessarily a disease, it is a chronic condition that can be caused by environments in your workplace.

What government compensation schemes are currently open for industrial diseases?

There are very few government compensation schemes still open to pursue a claim through. The open schemes are:

Coal Workers Pneumoconiosis Scheme (CWPS)
Diffuse mesothelioma – either the 2008 scheme or the DMPS

Are all occupational illnesses or industrial diseases reportable under RIDDOR?

No. Only those listed in the regulations are required to be reported. They are:

carpal tunnel syndrome
cramp of the hand or forearm
occupational dermatitis
hand arm vibration syndrome
occupational asthma
tendonitis or tenosynovitis

Also reportable are:

occupational cancers
diseases associated with biological agents and serious pathogens.

Is there a reporting procedure for industrial diseases or occupational illnesses?

For certain illnesses or injuries, the employer must report these to the Health and Safety Executive under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR).

What is a prescribed industrial disease?

Prescribed diseases are those on the list of diseases and illnesses for which the government pays certain benefits, providing the illnesses were contracted in the course of employment or an approved training programme. You can read more details about the definition of a prescribed disease here, and find the current list of prescribed diseases here.

Will I still get my industrial disease benefits if I receive money from a compensation claim?

Yes, as they are not means-tested. However, a compensation settlement may affect certain other benefits that are means-tested. See our guide, How does your personal injury compensation affect your benefits?, for more information on this.

Can I get state/government benefits for my industrial disease?

You may be able to claim Industrial Injuries Disablement Benefit (IIDB), depending on the level of your disablement, and what condition you are suffering from. However, you won’t be able to claim IIDB if you were self-employed at the time your illness, disease or injury was caused. You can get further information here, and find out which conditions are covered here. Any other questions about IIDB can be answered by your regional IIDB centre.

A loved one has died as a result of being exposed to a hazardous substance in the workplace – can I claim on their behalf?

Yes, whether a claim has already been started or not, our Solicitors can help you make a claim on behalf of a loved one who has passed away due to an industrial disease.

How much compensation will I get?

As with all compensation claims there’s no set amount awarded for any particular type of claim. Once our Solicitors have gathered the evidence, including the medical evidence of your condition, they will be able to give you an accurate idea of how much compensation you will receive. As well as claiming for the symptoms of your disease, you will also be able to claim for any loss of amenity. any loss of earnings, travel expenses, care provided by family members and numerous potential future losses

The amount you are awarded will reflect these losses and the impact the disease has or will have on you or possibly your family.

Please see our articles on different ‘heads of claim’ for more information.

If I have been diagnosed with lung cancer and worked with asbestos in the past – is this likely to be the cause of my lung cancer?

Unlike asbestosis and mesothelioma, lung cancer can be caused by a number of different factors and not just exposure to asbestos. For an individual’s lung cancer claim to be successful it is necessary to show that their culpable exposure was caused by the company they were working for, rather than the cancer being caused by another factor such as smoking for example.

Am I more at risk from asbestosis and mesothelioma if I’m exposed to higher levels of asbestos?

Asbestosis is a dose related disease which means the more asbestos that is inhaled, the bigger the risk of contracting asbestosis and the worse the disease will be. Mesothelioma is different as even minimal exposure can cause the illness and the effects will be the same, no matter how much asbestos an individual has been exposed to. However, with mesothelioma, the more an individual is exposed to asbestos, the greater the risk that the fibres ingested will eventually trigger the disease.

Should my employer have protected me from exposure to harmful materials etc?

There is little dispute as to the test for liability in disease cases. The question is whether the risk of personal injury arising from an employee’s exposure to a harmful material etc ought reasonably to have been foreseen by a careful employer, to the extent that the employer should have taken precautions or at the very least sought advice as to what (if any) precautions he should take.

Employers should assess the risks from substances or materials used in the workplace and implement suitable and sufficient controls to protect employees.

Why was asbestos used so much in construction?

Asbestos has many benefits in construction and other industries such as the textile industry. The substance is heat resistant, provides excellent insulation, can be woven into a fabric and is also very strong and flexible. It’s clear to see why the material was so popular before the dangers of asbestos were revealed.

What are some examples of industrial disease?

There are many different industrial diseases which are caused by a number of substances.

Examples are:

Asbestos related diseases
Asthma
Deafness
Dermatitis
Pneumoconiosis
Silicosis
Chronic obstructive pulmonary disease (COPD)

No matter what the disease, if an individual’s health has been impacted as a result of negligent exposure to a hazardous substance in the workplace, then they can make a claim for compensation.

What is an industrial disease?

Also known as an ‘occupational illness’, an industrial disease typically arises as result of exposure to harmful substances at work, which cause injury.

Featured FAQ’s

Can I be compensated for losses other than personal injury?

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.

How much is my claim worth?

How long will my claim take?

Making a Claim

Complete the online form
A Solicitor will call you back the same day. If we believe we can assist we will arrange an immediate home visit.
Call us and speak to a Solicitor
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Email one of our Solicitors
If you would like to get in touch with our solicitors directly, visit the contact page to find out more
Visit us at our Sheffield office
Visit anytime between 9.30am and 4.00pm. We guarantee you will be able to see a Solicitor face to face even without an appointment.

Want to know more about what will happen next? Read our step-by-step guide to making a claim. If you have any questions, please contact us on 0800 163 622.

Complete Online Form

Complete the online form below, and we will call you back the same day. If we believe we can assist we will arrange an immediate home visit