Solicitor Frequently Asked Questions

Receiving personal injury compensation in the United Kingdom may affect your eligibility for certain means-tested benefits. This is because the compensation may be considered personal capital or savings, affecting your eligibility for these benefits. It is important to note, however, that establishing a Personal Injury Trust can allow you to receive compensation without affecting your benefits. Because these issues can be complex and vary from case to case, it is always best to seek legal advice to fully understand the implications for your specific situation.

In the UK, personal injury claims typically need to be filed within 3 years from the accident’s date or the date of knowledge about the injury’s link to the accident. This 3-year rule, known as the ‘limitation period’, starts from the 18th birthday for those under 18 at the time of the accident. Exceptions do exist for this rule, so it’s advisable to seek legal advice to understand your rights and any potential exceptions.

Yes, clinical negligence cases are eligible for Qualified One-Way Cost Shifting (QOCS). QOCS is a system that protects the claimant from having to pay the defendant’s costs if the case is lost, ensuring that financial risk is less of a barrier to justice. So, if you file a clinical negligence claim, you can rest assured that, in most cases, you will not be made to pay for the defendant’s costs if your claim is unsuccessful.

A conveyancer’s role primarily involves managing the legal aspects of buying or selling a property. Their responsibilities include conducting searches to uncover any potential issues with the property, liaising with all parties involved, handling contracts and legal documents, and managing the transfer of funds during the property sale.

Yes, you can sue a clinical negligence if you can prove that their failure to provide an adequate standard of care directly resulted in your injury or harm.

The duration of a personal injury claim can vary widely, typically ranging from a few months to a few years, depending on the complexity of the case and the severity of the injuries.

Your choice of solicitor is very important to the outcome of your case. Although the facts of the case are the same, the experience of your solicitor, and whether they specialise in your area of law will normally have a very big impact on the result.

Generally speaking, solicitors can provide advice quickly depending on how complex or urgent your case is but may take more time if additional research needs to be carried out.

Solicitors are certified and regulated by the Solicitors Regulation Authority (SRA), which is responsible for ensuring they adhere to high professional standards. You can always verify a solicitor’s credentials and regulatory status by visiting their official profile on the SRA website, such as ours –https://www.sra.org.uk/consumers/register/organisation/?sraNumber=554554

Yes, solicitors have access to specialised resources such as databases and research libraries which are not available publicly or through any other organisations outside of the legal profession.

Using a solicitor’s services for legal advice offers several benefits, including the expertise of knowledgeable lawyers who are experienced in navigating the complexities of the law; access to resources not available to non-legal professionals; and comprehensive representation for matters ranging from criminal defence cases to business transactions.

Yes, you can instruct a solicitor to represent you at court hearings on your behalf if you cannot attend in person such as due to illness or other commitments.

The main difference between a solicitor and a barrister is that solicitors are able to work directly with clients, whereas barristers mainly provide specialist legal advice and represent clients in court hearings.

Yes, solicitors can provide advice without officially taking instruction.

This depends heavily on factors such as whether the matter is complex, and also, whet delays there are in court listings, but typically small claims should not last longer than 12 months whereas larger ones might extend up into several years before resolution achieved via settlement agreement between parties or trial hearing.

The number of personal injury claims that go to court in the United Kingdom is relatively small. While exact figures vary from year to year, it is estimated that less than 10% of these cases are taken to trial. This reflects the preference of parties for out-of-court settlements, which are typically less expensive and time-consuming. Regardless, it is important to have a solicitor on your side who can effectively represent your interests whether the case goes to trial or not.

Taking legal action requires careful consideration – firstly it’s important to establish what type of remedy you’re seeking (compensation/injunctive relief) then consider who needs suing (an individual or company). If possible, it’s always best practice to first send formal notice indicating intention to sue followed by issuing proceedings at court within strict time limits set out by statute or agreed between parties via negotiations.

At Liddy’s Solicitors, we will offer prospective clients an initial consultation free-of-charge during which they can discuss their case without being obligated to proceed further with instructing the solicitor’s services – this gives clients an opportunity to evaluate whether it is worth paying for legal advice/representation before committing to it.

Yes, there are certain forms of financial assistance available which vary depending on your individual circumstances e.g., Legal Aid may be available for some types of cases if you meet certain eligibility criteria regarding income and savings levels. Legal Aid is not available for Personal Injury Claims, and is only available for a very limited range of clinical Negligence claims. Alternatively, Liddy’s solicitors have a no win no fee arrangement to help our clients.

At Liddy’s Solicitors, we strongly recommend securing professional legal advice whenever you need to deal with complex legal issues or when significant financial loss is at stake. Without an experienced hand guiding you, unfamiliarity with the applicable laws and processes could jeopardise your case. Trust in our expertise to help you navigate claims against other parties effectively.

Liddy’s solicitors can provide advice and representation on cases relating to a wide range of matters including personal injury claims, clinical negligence, and conveyancing.

Yes, all solicitors in England and Wales must be authorised by the SRA before providing legal services to clients. This ensures that they have met strict standards for quality and competence that protect consumers of legal services from unprofessional and unethical conduct.

Liddy’s solicitors can provide advice and representation across a wide range of areas including personal injury, clinical negligence, and conveyancing. They are able to advise on the merits of your case and assist you in taking appropriate action such as preparing documentation and filing court claims.

The costs of a solicitor depend on the complexity and type of legal work they are doing for you. Generally, solicitors charge an hourly rate for their services, which can range from £75 to £350 per hour. In some circumstances, they may agree to a fixed fee or to take payment out of any compensation received in the case.

Clinical negligence, or medical negligence as it is often referred to, occurs when medical professionals fail in their duty of care towards a patient. Examples of this include a surgical error, a misdiagnosis, the mishandling of a birth, drugs being incorrectly prescribed or administered, a fracture being missed, misleading a patient about their treatment or failure to take the right steps to combat the spread of infections in a hospital.

Deciding whether clinical negligence occurred is not always straightforward, as all treatments involve an element of risk and an adverse outcome is not necessarily evidence of a failure in care. If you believe you have grounds for a claim, one of Liddy’s Solicitors’ clinical negligence specialists will help establish whether or not doctors or other medical staff fulfilled their duty of care towards you.

To make a successful compensation claim, it is not enough to simply demonstrate that negligence occurred, there also needs to be evidence that it caused some kind of damage or injury. Examples of negligence that did not affect the outcome of treatment are likely to be a matter for the professional bodies of the staff involved, rather than the basis for a claim.

The first step towards making a clinical negligence compensation claim is to arrange an initial consultation with a specialist solicitor. This is a complex area of law, but our expert team will explain everything in detail and make sure you understand what is involved.

They will also help you to establish whether you have grounds to proceed with a claim and assess your chances of success. This process is likely to involve obtaining your medical records and asking appropriate medical experts to examine them.

There is no simple answer to this, as the time taken depends on the complexity of the claim and the defendant’s attitude. Obtaining all the relevant medical records and having them examined by independent medical experts will take a number of months, so you should be prepared for a lengthy process.

If the evidence is clear and the defendant is keen to reach a settlement, the claim could be completed in 10-12 months. However, it is not unknown for a claim to take three years, particularly if it ends up in court.

The general rule is that you have three years from either the date of the negligence or the date when you first became aware that the negligence caused your injury to issue proceedings. However, if you suffered the injury before your 18th birthday, you have three years from the date of your 18th birthday to begin your claim.

There are some circumstances in which different time limits may apply, but it is sensible to seek legal advice as soon as you realise you may have a claim. One of our clinical negligence specialists can assess your case and provide guidance on how to proceed within the time limits.

When you consult us, our first job is to carry out an initial assessment of the prospects of the case based on your instructions and any available medical records. But to begin with, we need to take a view as to whether the case is sufficiently strong for us to make further enquiries. With a lot of cases, we will be able to make that decision on our first meeting, but in other cases we will need to do some background research and may need to seek the opinion of an expert witness. That might take us a few weeks or months depending on how busy the expert witness is.

If we agree to take your case on, the costs that we have incurred will be part of the no-win no fee agreement. If we do not agree to take your case on, we will write off those costs.

If your claim succeeds you will have to contribute to your own legal costs, but it won’t be more than 25% of your damages. If your case loses, you will have nothing to pay so long as you have not breached your contract with us, for example by not cooperating with your own case.

We still though try to give you an idea of what legal costs we are likely to incur whilst running the case, because you will be contributing if you win.

It can only be a broad estimate though because some cases settle before court proceedings are issued, perhaps 6 or 9 months after beginning the case.  Other cases settle at trial which might be 2 years after the beginning of the case.  And some cases will involve more expert witness reports than others.  Our figure can only therefore be a ballpark estimate.

Claims involving accidents at work or claims against the council where the damages are under £25,000.  Doing the best that we can, if the case settles prior to the issue of proceedings, then typically the total costs incurred on your file will be approximately £2,500-£7,000 plus VAT, though they may be more or less than that.  If the case goes to trial, then significantly more costs are incurred.

Accident at work claims and claims against the council where damages are likely to be over £25,000
Doing the best that we can, if the case settles prior to the issue of proceedings, then typically the total costs incurred on your file will be approximately £10,000 and £15,000 plus VAT, though they may be more or less than that.  If the case goes to trial, then significantly more costs are incurred.

If your claim succeeds you will have to contribute to your own legal costs, but it won’t be more than 25% of your damages. If your case loses, you will have nothing to pay so long as you have not breached your contract with us, for example by not cooperating with your own case.

We still though try to give you an idea of what legal costs we are likely to incur whilst running the case, because you will be contributing if you win.

It can only be a broad estimate though because some cases settle before court proceedings are issued, perhaps 6 or 12 months after beginning the case. Other cases settle at trial which might be 2 years or a little more after the beginning of the case. And some cases will involve 1 expert on both sides and other cases will involve a lot of expert reports.

Doing the best that we can, if the case settles before the issue of proceedings, then typically the total costs incurred on your file will be approximately £30,000-£60,000 plus VAT, though they may be more or less than that. If the case goes to trial, then significantly more costs are incurred. Typically, the costs would be between £60,000 and £150,000.

Only about two per cent of clinical negligence claims go to court. If the evidence we amass to support your claim is clear, the defendant will almost certainly choose to settle and agree a compensation payment without you having to give evidence in court.

Freehold

The precise stages involved in the purchase of a residential property vary according to the circumstances, but generally entail the following:

• Take your instructions and give you initial advice
• Check finances are in place to fund purchase and contact lender’s solicitors if needed
• Receive and advise on contract documents
• Carry out searches
• Obtain further planning documentation if required
• Make any necessary enquiries of seller’s solicitor
• Give you advice on all documents and information received
• Go through conditions of mortgage offer with you
• Send final contract to you for signature
• Agree completion date (date from which you own the property)
• Exchange contracts and notify you that this has happened
• Arrange for all monies needed to be received from lender and you
• Complete purchase
• Deal with payment of Stamp Duty/Land Tax
• Deal with application for registration at Land Registry

Leasehold

The precise stages involved in the purchase of a residential leasehold property vary according to the circumstances, but generally entail the following:

• Check finances are in place to fund purchase and contact lender’s solicitors if needed
• Receive and advise on contract documents
• Carry out searches
• Obtain further planning documentation if required
• Make any necessary enquiries of seller’s solicitor
• Give you advice on all documents and information received
• Go through conditions of mortgage offer
• Send final contract to you for signature
• Draft Transfer
• Advise you on joint ownership
• Obtain pre-completion searches
• Agree completion date (date from which you own the property)
• Exchange contracts and notify you that this has happened
• Arrange for all monies needed to be received from lender and you
• Complete purchase
• Deal with payment of Stamp Duty/Land Tax
• Deal with application for registration at Land Registry

How long it will take from your offer being accepted until you can move in to your house will depend on a number of factors. The average process takes between 8 and 10 weeks.

It can be quicker or slower, depending on the parties in the chain. For example, if you are a first-time buyer, purchasing a new build property with a mortgage in principle, it could take 6 to 8 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer, between 2 and 3 months. In such, a situation additional charges would apply.

In short, yes. NHS trusts pay out millions of pounds to victims of clinical negligence each year and, at any one time, there are thousands of ongoing claims against medical staff, hospitals and clinics in the public sector.

Claims are not restricted to the NHS. Private hospitals, cosmetic surgery clinics, dentists and other healthcare practitioners all have the same duty of care towards patients, and can be held legally responsible for injuries caused by negligence.

The amount of compensation you will recover depends on the precise details of your case. The size of the damages paid will reflect the severity of the injury suffered, loss of earnings and the cost of ongoing care and private treatment related to the injury.

Our clinical negligence team will give you advice on what financial records you should keep to help calculate damages once the claim reaches the settlement stage.

If you can demonstrate the hospital or staff involved were negligent and that the failure in care caused an injury, you can make a claim.
Among the most common examples of clinical negligence claims are:

• Cerebral Palsy
• Birth trauma
• Maternal injuries
• Mismanagement of fractures
• Surgical errors
• Anaesthetic failure
• Misdiagnosis
• Spinal injuries
• Hospital acquired infections, such as MRSA
• Incorrectly prescribed medicines
• Cosmetic surgery errors

If you believe you have reason to make a clinical negligence claim, call Liddy’s Solicitors on 01226 731314 (Barnsley) or 01924 780753 (Wakefield) to speak to one of our experts or email us on info@liddys-solicitors.co.uk.

Once you think you have a case for compensation, you need to find a good accredited solicitor to help you.

Deciding to take legal action to obtain compensation for an injury or loss is a big decision. Many people rush into compensation cases, lured by the possibility of large financial awards, without taking the time to check whether their solicitor has the qualifications or expertise to manage your case efficiently and successfully.

A compensation case can take some time from start to finish, and so it is worth spending an extra few days on selecting your solicitor. Television, radio, magazines and the internet are full of compensation firms looking for business, and you should know how to distinguish the good from the bad. Choosing the wrong solicitor can result in an unsuccessful claim or one where you end up paying the solicitor a large percentage of your award.

If you lose your claim we will arrange it so that you are not responsible to anybody with respect to legal costs. Your only obligation is to co-operate throughout the case, including following legal advice.

Talk to people you know who have had successful injury claims, read the local papers and talk to friends and family. Good solicitors will have a good reputation, and you can check whether they are regulated by the Law Society of England and Wales by typing their names into the Law Society’s website. Make sure that the solicitors you are considering have a good track record of successful cases that they have demonstrated, that they see cases through to the end and that they can handle court cases where necessary.

Regardless of where you work, whether in an office, a shop or a factory, workplace accidents are a very common occurrence and your employer is obliged to protect you through training, safe practice and have relevant insurance cover should an accident happen. Accidents at work occur in all occupations, from construction work and heavy industry to clerical and managerial roles. An employee can injure themselves by tripping over something, by slipping on a wet floor, or even by not having the correct equipment provided to carry out their duties.

While you are at work your employer has a duty to provide you with a safe place of work, correct equipment, a safe working procedure and adequate training in your role. They are also responsible for ensuring that the other people you work with also behave appropriately and do not cause accidents. Safety in the workplace is highly regulated and if your employer breaches any of these statutory duties, this may give rise to a compensation claim by employees who have been injured as a result of that breach.

Every year we successfully recover damages for many clients who have been injured in road related accidents, whether they were drivers, motorcyclists, cyclists, passengers or pedestrians. We handle the complete range of road traffic litigation, from Brain and Spinal Injury to Uninsured Loss Recovery.
Anyone who suffers personal injury in a road accident caused by someone else’s negligence is entitled to claim compensation for their injuries and their losses.
Everyone driving a vehicle on the road should have insurance, but something like one in twenty do not. Where the driver does not have insurance, or where the vehicle is untraced, the Motor Insurers’ Bureau will take the place of the insurer to protect the rights of innocent parties.

Liddy’s Solicitors have vast experience in dealing with road traffic accidents and are able to help with the following;

• Brain and Spinal Injuries
• Motorbike Accidents
• Uninsured Loss Recovery
• Pedestrian Accidents

Physical sports carry with them a certain level of risk for those involved. Injuries can sometimes occur that are not preventable and are simply a part of a game. Therefore, a person agreeing to play sports is considered to have consented to this natural level of risk of injury. If an injury occurs that is not part of normal play however, it may be possible to claim damages.

It is not only professional sports people that are entitled to claim compensation when they are injured whilst taking part in a sporting activity. Anyone who suffers a sports injury, whether taking part on a professional, semi-professional, amateur or recreational basis, should be entitled to claim compensation if someone else is to blame for the incident. For blame to exist, the contact has to be reckless or dangerous and beyond the normal range to be expected in the particular sport. There may be a failure to supervise, referee or umpire the sport or activity.

Sports injuries can occur in a variety of situations, including:

• Team sports
• Exercise & fitness classes
• Gymnasiums
• Motor sports
• Physical education at school
• Outdoor pursuits (e.g. sailing, horse riding, water skiing etc.)
• Winter sports (such as skiing or snowboarding)
• Athletics

Injuries arising out of the general physicality of contact or active sports, or from genuine errors in their own judgement or that of other players, would not usually be considered eligible for compensation.

There are certain circumstances under which a sports injury can occur due to negligence of others that are not directly participating. For example:

• A dangerous defect present on a pitch, court, equipment or other sporting facility
• If a referee or umpire failed to take reasonable efforts to prevent any unnecessary risk
• If adequate supervision or training was not given
• Incorrect instruction given by the formal instructor or coach
• Reckless conduct by players
• Unsafe or poorly maintained facilities or equipment

These types of accident would not be considered part of the normal, reasonable conduct that a player would consent to and could give rise to a valid compensation claim. In most cases, sporting venues, schools and clubs will have liability insurance in place to cover such eventualities as personal injury claims.

Sports injuries can be serious and may result in the victim suffering a loss of earnings or other financial losses in addition to the pain of the injury. It is therefore important to seek the advice of a sports accident claims solicitor with experience of sport injury cases if you believe you may be entitled to claim, so that they can assess your individual case and advise on the best way to proceed.

Liddy’s Solicitors have vast experience in dealing with brain and spinal injuries. We have a bank of occupational therapists, neurologists, nursing care consultants and other rehabilitative specialists so that we can provide a seriously injured client with private treatment to accelerate a client’s recovery as quickly and fully as possible.

• If you have suffered a trip or fall, then you need to record any evidence, ideally photograph the area and any reason that caused you to fall. Try to use an object of a standard size, to try and show the actual size of the defect.
• Try to record the area in which you fell, paint the picture as to the reason, whether it was poor lighting, slippery substances such as oil and water or ice. Perhaps there was a lack of warning signage.
• If you were injured in a commercial property such as a shop or sports hall, then try to discover if they have an accident book and record the accident with them.

If you or a member of your family is suffering psychological problems following an accident, then talk to a compensation solicitor.

The psychological effects of an accident are often overlooked, because victims, doctors and solicitors are concentrating on the visible, physical injuries. People who suffer a traumatic accident, however, are also likely to suffer from psychological symptoms that include depression, lack of ability to cope with normal life pressures and sleeping problems. A road accident can trigger a fear of driving, whilst an accident at work may prevent the victim from returning to the same job.

Psychological problems are harder to diagnose than physical ones, and it can therefore be more difficult to present a compelling case for compensation. If you feel, however, that the problems you have suffered are severe enough to warrant compensation, and you have been diagnosed with a psychological disorder by your doctor, then you may decide to talk things over with a compensation solicitor, to see whether you can pursue the other party for a financial reward.

In the same way as a claim for compensation for a physical injury, your compensation solicitor will evaluate the information you give him or her on your case. They may want to talk to the other parties involved, or to anyone who witnessed the events, and they will certainly want to see a report from your own GP and also send you for an examination by an independent doctor or psychologist. This will help them to build a strong case on your behalf and demonstrate how the accident has affected your ability to work and your lifestyle in general.

Research has shown that psychological disorders can occur as a result of physical injuries, or exposure to traumatic incidents and this is often known as post-traumatic stress disorder. This is where the effects of the original incident have a psychological effect on the individual, affecting their ability to work, socialise and maintain good relationships with their families. Post-traumatic stress disorder is a recognised problem and a compensation solicitor will be able to help you to get a professional diagnosis and pursue compensation on your behalf.

If you think that you have suffered a psychological injury as a result of an accident or through something you have witnessed, then please contact us to see if a compensation solicitor can help you.

Accidents abroad bring with them a whole array of legal problems.

Gathering evidence in support of the claim, which defendant to nominate and which country’s law applies. Liddy’s have a good deal of experience in these types of claims.

Sometimes solicitors make mistakes when dealing with a claim, either losing the case outright, or more often than not, settling the claim for damages less than the claimant should receive. If you feel that your solicitor has done a bad job on your claim, telephone us and we will discuss what we can do for you.

Your ‘Conveyancer’ is the person who will make sure that on your sale or purchase the legal paperwork known as ‘Conveyancing’ will be dealt with properly.

Your Conveyancer will ensure that on a sale any Mortgages are paid off and the property is transferred to the Buyer in accordance with current Land Registry practice. On a purchase your Conveyancer will ensure that relevant searches and enquiries are carried out so that you are aware of everything you need to know about the property before you are committed to the purchase.

Your Conveyancer will also deal with the requirements of your Lender in all Mortgage cases and will liaise with your Estate Agents and Surveyors to ensure that everyone works together to complete your house sale or purchase.

• 1. First make an offer on the property you like. Tell the Estate Agents what you would be prepared to pay subject to contract.
• 2. Once the seller accepts your offer, their Conveyancer will send out a draft contract setting out the terms of the sale.
• 3. The buyers Conveyancer checks the contract, raises enquiries and carries out searches to see what information is available about the property.
• 4. If you require a Mortgage you need to make a mortgage application to your Lender at this stage (or before if the relevant information is available).
• 5. Once your Conveyancer reports to you that all is in order and the money is ready contracts are exchanged. After this, neither you nor the seller can withdraw from the transaction. It is usual on exchange for the buyer to pay a deposit which the seller can keep if the buyer defaults.
• 6. At exchange of Contracts a completion date is fixed.
• 7. Before completion final searches are carried out to make certain no last minute changes have taken place. Your Conveyancer prepares a final statement showing how much money is needed.
• 8. On completion your Conveyancer pays over money to the sellers Conveyancer, the seller moves out and you move in to your new property.
• 9. After completion the Conveyancer will pay any Stamp Duty Land Tax due and will register the property in your name at the Land Registry.