Claims and Compensation
How Do I Get Compensation?
Generally, if you have been injured and it was someone else’s fault then you will be entitled to compensation. Donaldson McConnell aim to resolve your case as quickly as possible but also to maximise the level of compensation you recover. Our experience and skill in this area means that the majority of our cases settle without the stress or potential expense of court proceedings. We have the expertise to litigate cases in both the County Court and the High Court if the other side will not admit liability or their offer does not meet your expectations.
As there are strict time limits within which to bring a claim you should contact Donaldson McConnell, Lisburn today to discuss.
- Road Traffic Accidents (Drivers and Passengers)
- Accidents at Work
- Trips, Falls and Slips
- Accidents in Public Places
- Medical Negligence
- Cyclist and Pedestrian Claims
How Much Will It Cost?
In the vast majority of our cases the answer will be “Nothing”, as the other side will be responsible for paying your costs once we have secured an admission of fault. Unlike other practices we do not deduct additional costs from our clients’ damages, so you will always recover 100% of the compensation paid to you.
If liability is not admitted we will work to persuade the insurer to review their decision and will give you a clear, all-inclusive estimate of costs to do so. If the insurer refuses to admit liability we will issue proceedings to obtain compensation for you through the courts.
If liability is not admitted, we will:
- Ascertain if you qualify for legal aid
- Assist you in checking if your claim is covered by legal costs cover included in your home insurance
- Apply for After the Event insurance on your behalf to provide financial cover and peace of mind in relation to the other side's potential costs
The Law Society of Northern Ireland does not permit any solicitor in Northern Ireland to act on a “no-win no-fee” basis. Experience has taught us that our clients benefit from being told if their claim is not viable from the outset, rather than incurring costs to be informed at a later stage. We offer an initial free consultation to discuss and assess your case and will give you realistic advice on your prospects of success from the outset so as to minimise costs and stress.
How Long Will It Take?
Under the Pre-Action Protocol a potential defendant has three months to admit or deny liability. However, each claim is unique and resolution will depend upon:
- The extent of your injuries, which can involve several different types of injury, surgery, physiotherapy, medication or counselling
- The time it takes you to make a full or substantial recovery
- Whether we require several medical reports to quantify your injury and/or follow up opinions
- The speed with which the other side responds to enquiries or proceedings
Road Traffic Accidents
We know that a car accident is a frightening, painful and traumatic event. Our clients need to be properly advised, not only to recover damages for physical injuries, but also for upset and distress, loss of earnings, reimbursement of insurance excess, and interference with hobbies and social life.
It is important to gather as much detail as possible at the scene, including the other driver's name, address and insurance details, and witness details. Always take a note of the other party's registration, make and model, and take photographs if possible. We can still help if the other party leaves the scene or has no insurance, by making a claim to the Motor Insurers' Bureau (MIB).
Accidents at Work
All employers have a duty imposed on them by legislation to ensure that they take proper care to prevent injury to their employees or visitors, including suitable training, safe systems of work, appropriate equipment and regular risk assessments.
If you can prove that your employer has breached their duty to you and you have been injured, you will be entitled to claim compensation. If you are injured at work you should inform your employer, complete the accident book, and gather details of any witnesses or CCTV coverage.
Trips, Falls and Slips
Public bodies and private property owners are under a duty to take reasonable care to prevent visitors and members of the public from tripping or slipping on their property, whether due to damaged footpaths, obstructions, loose carpets or spillages left unattended.
These claims can be difficult to prove, as the proposed defendant may have a defence if they can demonstrate a regular and adequate system of inspection and cleaning. We can guide you through the strengths and weaknesses of their defence.
Accidents in Public Places
The Occupiers' Liability Act (NI) 1957 requires an occupier of premises to take such care as is reasonable to see that visitors will be reasonably safe. You may have a claim if you have sustained an injury in a public place such as a hotel, restaurant, bar, school, shop or leisure centre as a result of faulty fixtures, defective doors or slips and trips.
Medical Negligence
If you have concerns about the outcome of medical treatment or advice from a doctor, dentist or other medical professional, you may be entitled to claim compensation. Typical claims include surgery, post-operative care, misdiagnosis and lack of informed consent.
These cases are often complex, requiring careful study of your notes and records and the involvement of an independent consultant to assess the standard of your treatment. We work closely with a carefully selected panel of consultants who provide quality reports.
Cyclists and Pedestrians
Classified as 'Vulnerable Road Users' by the Department of Transport, increasing numbers of pedestrians and cyclists are being struck by cars. We will assist you in demonstrating if a driver has been driving carelessly or negligently so as to help you obtain compensation. Take details of witnesses, photographs of the scene, the driver's registration number, and retain any route data or video footage.
Speak to a specialist
Adam Spence
Contact Adam on 02892 601421
Would you like to find out more?
Get in touch today for straightforward, practical legal advice.