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Lessons in Law Fast Track
What is a personal injury claim?

A personal injury is the legal definition for an injury or illness caused (or made worse) by someone else’s negligence. If you’ve suffered in these circumstances, you may be entitled to pursue a claim to recover compensation for your pain, suffering and loss of amenity and proven past or future financial losses, from the party at fault.

What is a clinical negligence claim?

An injury or illness caused (or made worse) by the negligence of a medical professional. In legal terms, “negligence” has a specific meaning. To be successful in recovering compensation (damages), a claimant must prove both the issues set out below:

First, a claimant must show the actions or omissions of the medic fell below the standard of the actions of other medics who are in their position i.e. whether a reasonably competent medic would have diagnosed, consented and treated as the medic who is alleged to have caused the injury/illness. This is known as breach of duty of care.
Secondly, the claimant must also show that the medic’s breach of duty has caused or materially contributed to the claimant’s injuries/illnesses. This is known as causation.

At SC Law we use medico-legal experts to establish if there has been a breach of duty of care and causation.

Why choose SC Law?

SC Law was established in 2006 to specifically help people who have suffered life changing injuries.

Our clients choose us because they believe in the ability of our solicitors to exceed their service expectations and expertise in pursuing their claims. We work in teams and all clients have a dedicated ‘lead’ lawyer handling their case, specifically trained in the type of injury sustained.

We are highly experienced in securing multi-million pound settlements, including for children who have suffered catastrophic injuries.

The team at SC Law have over 100 years of combined experience between them, and a high success rate on concluded claims. We are one of the most specialised firms in the northwest London area and act for clients from all over the UK.
SC Law also has a strong reputation for representing a diversity of clients, including public figures and high net-worth individuals.

What is “no win, no fee”?

There are three common ways in which to fund a personal injury claim. You may have pre-existing insurance under your home policy or a credit card, or you may have cover through a trade union. However, the most common method is via a Conditional Fee Agreement, commonly known as “No win, no fee”.

On contacting us, we will go through the options with you and provide full details in our client care policy, as well as explaining it in detail to you. Each case is assessed on its own merits.  Advice and an assessment on how your case will be funded is given at the outset and before we begin your claim.

A “no win, no fee agreement”, formally known as a conditional fee arrangement, allows you to make a compensation claim with no financial risk and without paying the legal fees upfront. You only pay if your claim is successful, and even then, your opponent will pay a significant contribution towards your legal costs. Any remaining costs are deducted from your compensation settlement. We’ll advise you of this in advance, so there won’t be any surprises.

If your case is unsuccessful, you won’t be liable for any legal fees, subject to compliance with our terms and conditions which will be sent to you if we take on your case.

A conditional fee agreement usually requires taking out an insurance policy on your behalf to protect you against any adverse costs or if your claim is unsuccessful.

A vast majority of successful personal injury and clinical negligence cases we handle are paid for using a “no win, no fee” agreement.

At SC Law we usually provide a free initial consultation and advise you on the likely prospects of succeeding with a claim and the options for funding your case.

What is a success fee?

A success fee is a fixed percentage from your compensation, payable if the claim succeeds.

General information is that an “industry” standard success fee of 25% applies to the injury part of a claim (general damages) and past financial losses (special damages). It does not apply to any future losses we might recover for you.

The success fee cannot be more than 100% of our basic costs, capped at 25% of the relevant elements of compensation as described above. Whilst the success fee is stated in our terms of business at the standard rate of 25%, we retain a discretion to consider a lower percentage at the end of your case.

What happens if you lose your case?

If your claim is unsuccessful, you won’t pay anything, as long as you have cooperated and complied with our terms and conditions which will be provided to you upon our agreement to taking on your claim. We won’t charge you and your insurance policy will cover your opponent’s legal fees and your disbursements.

How much will you have to pay if you win your case?

If you win, your opponent will pay a significant contribution towards your legal costs.
Any legal costs not paid by your opponent will be deducted from the compensation that you are awarded. These costs include:

The “no win, no fee” insurance policy;

Some of your basic legal costs which cannot be recovered from your opponent, including any shortfall on our basic costs. This usually applies to intermediate track cases, which are claims valued between £25,001 and £100,000. We will advise you if your case is likely to fall within this category;

A “success fee” which compensates us for the risk that if your claim was unsuccessful then we would not be paid at all. The maximum deduction taken from your compensation is 25% of the amount received for your pain and suffering and any past financial expenses. A deduction is not taken from any future losses you may recover. See above also.

Your solicitor will discuss this with you in advance, so you’ll know what to expect when your claim settles.

How much compensation will I get?

The consequences of the same injury or illness will vary between individuals. The compensation you could receive will be assessed according to your pain and suffering and the financial losses you may have encountered or may incur in the future.

Our personal injury team is highly experienced in accurately valuing claims based on your particular circumstances, to ensure you get the compensation you deserve.

What type of personal injury can you claim for?

Common types of injury cases include:

Serious and catastrophic (amputation, traumatic brain and spinal injuries)
Road traffic accidents (pedestrian, cyclist and passenger accidents)
Workplace accidents (defective equipment, fall from height, construction and manual handling)
Accidents in public places (slips, trips and falls)
Clinical negligence (delayed or misdiagnosis, surgery, and doctor negligence)
Asbestos related diseases (including mesothelioma)

What does the compensation cover?

The final amount negotiated with your opponent, or awarded by the court, is for your pain, suffering and loss of amenity. It will also include any past losses you can prove, such as loss of earnings, treatment and rehabilitation costs, care and assistance, home maintenance and other relevant expenses. If the medical evidence supports your claim, you may also be entitled to recover future losses, such as lost career opportunities, loss of earnings, treatment, rehabilitation, home maintenance, aids and adaptations that may be required to your home and future care and assistance.

How long does a claimant have to make a claim?

You normally have three years to start your personal injury claim, from the date of the accident or when you became aware your injury was due to the negligence of a liable party. It is advisable to get legal advice early in the process as often it takes time to gather the evidence required to support a claim. If a claim doesn’t conclude within three years, protective court proceedings must be issued.

There are a few legal exceptions to the three-year rule – and sometimes the time limit is shorter, such as accidents occurring on a boat or aircraft. If you think you might have a claim, it’s important to contact us as soon as possible.

Can you take over my case from another law firm?

You may be able to change solicitors during a personal injury claim if your current solicitors aren’t giving you the support and expertise you need. Our team of specialist lawyers will review your case to see if we are able to take over.

If you’re concerned about the service you’re getting from your current solicitors, it might be time to get a second opinion or switch to another firm. In serious injury cases we may be able to help if:

You’re facing frequent delays or periods of inactivity
You’re unhappy with the level of communication from your solicitors
You’re not sure you’re getting the right advice
Your expected settlement won’t cover your long-term care or rehabilitation costs
Your current solicitors can’t represent you anymore

We usually only offer this service for serious injury cases. In certain situations, for example where a case is significantly advanced, we may charge for reading time. As personal injury specialists, we understand how sensitive a serious injury claim can be.

To discuss your situation, call us for a no obligation chat on 020 8966 1299 or send an online enquiry.

Will my claim go to court?

Most personal injury claims do not go to court. Even if we have to issue court proceedings, it is usual for an opponent to try and settle a claim before a final hearing.

The common reasons we might issue court proceedings include, if the case does not settle within the statutory three-year time limit, which often occurs in serious injury cases, to enable expert evidence to conclude, or if liability for your injury or the amount claimed is disputed.

If court proceedings are necessary, our experienced lawyers will guide you through the process.

How is a claim handled?

One of our friendly team will provide free initial advice on the best way to take your claim forward and if we can organise help with your immediate needs.

We will contact the party we consider responsible for your accident or illness and seek an admission of liability. If the third party accepts responsibility, we will endeavour to secure early interim payments to fund any immediate medical care and expenses while your claim is ongoing. These interim payments will be deducted from your final award.
Our specialists will review your case in detail, gather evidence from various sources such as witnesses and experts and obtain independent medical reports.

We will ensure any future support is put in place to achieve the best recovery possible.

We aim to negotiate settlements out of court. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation, we will start court proceedings at the appropriate time.

Even when trial dates have been set, most claims are settled before a final hearing. If your claim needs to be decided at court, our experienced solicitors will be with you every step of the way to make you as comfortable as possible.

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Middlesex
HA5 5JY

Authorised and Regulated by the Solicitors Regulation Authority: SRA Number 518688 SC Law is a trading name of SC Law Solicitors Limited. Registered in England and Wales.

Company number 06860473.

COMPLAINTS PROCEDURE

We want to give you the best possible service.  However, if at any point you become concerned about the service we have provided, then you should inform us immediately, so that we can do our best to resolve the issue.

Procedure:
We will acknowledge your complaint within 2 working days and investigate straightforward matters within 7 working days.  If we consider that it may take longer than 7 working days to investigate, we will advise you of the likely timescales of when you can expect our final assessment.

In the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues.  If you are still not satisfied you should address your concerns directly to the Principal Saffora Choudri or Ian-Austen Jones, who is another senior solicitor at the firm.  The Solicitors Regulation Authority (SRA) require that a client gives us 8 weeks in which to deal with the complaint.

Making a complaint will not affect how we handle your case.  Your complaint will be investigated fully and fairly by someone independent, such as another senior lawyer not related to the case, who will offer a suitable solution where possible.

What to do if we cannot resolve your complaint:
In the first instance please let us know if you are willing for an independent law firm or the local Law Society Group to review your complaint.

Alternatively, the Legal Ombudsman can help you if we are unable to resolve your complaint ourselves.  They will look at your complaint independently and it will not affect how we handle your case.

Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first.  If you have, then you must take your complaint to the Legal Ombudsman:

• Within six months of receiving a final response to your complaint; and
• No more than six years from the date of the act/omission; or
• No more than three years from when you should reasonably have known there was cause for complaint.

If you would like more information about the Legal Ombudsman, please contact them directly, using the contact information below:

Visit: www.legalombudsman.org.uk
Call: 0300 555 0333 between 9.00 to 17.00.
Email: en*******@****************rg.uk
Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9WJ

If you are unhappy with our behaviour:
The SRA can help if you are concerned about our behaviour.  This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic.

Visit their website to see how you can raise your concerns with the Solicitors Regulation Authority.​

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