FAQs

Will my case go to Court?

Over 95% of cases settle without the need for a trial. We have a duty to try to settle your claim without going to court wherever possible. Sometimes it is not possible to settle a claim. Where necessary we will pursue your case vigorously to trial in order to secure the compensation which you deserve. If there is a trial in your case we will carry out all the preparation and instruct a barrister to represent you on the day. We will also explain the process to you so that you know what to expect.

Will I lose my job if I make an injury claim?

Making an accident at work claim should not affect your job for the following reasons:

  • Your employer is required by the law in the United Kingdom to have some form of mandatory insurance for the risk of injuries to employees like yourself
  • Most employers often accept and expect employees to make a claim following an accident at work.
  • Your employer cannot dismiss you simply for making an accident at work claim. If you do lose your job as a result of making a claim, you will have a case for unfair dismissal.
  • You are doing your employer a service by making a claim. You work in a place where accidents can happen and by making a claim, you protect fellow employees from other accidents as your employer will have to take steps to reducing the danger.
Why should I use Miya?

We are very experienced personal injury lawyers. As a firm of solicitors we are regulated by the Solicitors Regulation Authority and a number of our personal injury specialists are members of The Law Society’s Personal Injury Panel.

Unlike some ‘claims companies’, we offer a genuine ‘no win, no fee’ service. And with a nationwide service, we can visit you at home, work or in hospital.

We successfully conclude thousands of cases each year, securing compensation for our clients from £1,000 to over £1,000,000.

If you are not fluent in English we may be able to allocate a lawyer to your case who speaks your language – our services are offered in over 25 languages – please see the languages listed in the drop down menu at the top of the page.

Am I eligible to apply for the Criminal Injuries Compensation Claims Scheme?

You may be eligible if:-

  • You have been injured seriously enough to qualify for at least the minimum award of £1000.
  • You were injured in an act of violence In England, Scotland or Wales. The offender does not necessarily have to be convicted or charged with the crime.
  • You must make your application within two years of the incident that caused your injury.

You will not be eligible if:-

  • You were injured before 1 August 1964.
  • You have already applied for compensation for the same injury under the 2008 scheme or under any earlier scheme.
  • The injury happened before 1 October 1979 and you and the person who injured you were living together at the time as members of the same family in the same household.
  • The act of violence took place outside England, Scotland or Wales.

An application can also be refused or reduced because of:-

  • Your own behaviour before, during or after the incident in which you were injured.
  • Your own criminal record.
  • Any failure on your part to cooperate with the police.
  • Any delay on your part in informing the police of the incident.

For more information call 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form at the bottom of this page with a brief description of your accident and we will get back to you as soon as possible.

Can I claim if I am hit by an uninsured driver?

Yes. You can make your accident claim against the car driver who hit you because even though he or she was not insured there is an organisation called the Motor Insurers Bureau (MIB) who will pay compensation for your injuries. We can help you make an accident claim to recover compensation for your injuries and other losses from the MIB.

If you have any other questions call us 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form at the bottom of this page with a brief description of your accident and we will get back to you as soon as possible.

Can I still claim if I wasn’t wearing a seatbelt in a road accident?

Yes. The first question to ask is who was to blame for the accident? If another driver was to blame for the collision then you can claim against the other driver. The fact that you were not wearing a seatbelt does not change that.

Of course, unless you are exempt you should have been wearing a seatbelt, but failing to wear a seatbelt can never defeat a good claim. It can be ‘contributory negligence’ resulting in a deduction from your claim. The deduction is never higher than 25% and in some cases there is no deduction at all. The law has been settled for more than 20 years as a result of a case called Froom v Butcher:

  • If you would have escaped the collision with no injuries if you had been wearing a seatbelt then you lose 25% of the value of your award.
  • If you would have been injured even if you were wearing a seatbelt but your injuries would not have been severe you lose 15% of the value of your claim.
  • If failing to wear a seatbelt has made no difference to the injuries you suffered, then there is no deduction from your compensation.

It is for the Defendant to prove that there should be a deduction. If you were not wearing a seatbelt ask us what the effect might be on your claim.

If you have any other questions call us on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form with a brief description of your accident and we will get back to you as soon as possible.

Do I have to use the panel solicitor my insurance company tells me to?

No, not at all. Some insurance companies say that it is a condition of the insurance policy that they have the right to appoint a solicitor to act for you of their choice, but under the Insurance Companies (Legal Expenses Insurance) Regulations 1990 you have the right to choose which lawyer will be appointed in respect of any proceedings.

This has been interpreted by the Insurance Ombudsman to mean court proceedings meaning that the insurance company does not have to agree to your choice of solicitor before proceedings become necessary. Some, though not all, have used this to argue that you must accept the panel solicitor before proceedings are issued. At Miya we have never found this to be a problem. After all, many cases settle before court proceedings are issued anyway. If court proceedings are necessary then provided you have a good case, your legal expenses insurance should cover you with any solicitor you choose.

We feel that it is important that you exercise your free choice of legal representation, should you wish, without influence by your insurance company, who, it has to be said may have a financial interest in pushing you to their panel firm because of referral fees they may receive from panel law firms.

The truth of the matter is that you have the right to choose which law firm represents you. If you are happy with the choice of your insurance company then that’s fine. Whoever acts for you, you should be fully confident that they are going to represent your best interests. If you prefer to choose your own solicitor for whatever reason, then you should not allow your insurance company to tell you that you must accept their choice.

How do I make a claim?
  1. Call on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form at the bottom of this page with a brief description of your accident and we will get back to you as soon as possible.
  2. Once you have contacted us, we will allocate a lawyer to assess your case. They will be on hand throughout the entire process for any questions you may have.
  3. We may arrange to meet with you, either at our offices, or if it is more convenient for you, at your home, workplace or in hospital.
  4. We will contact the person or organisation responsible for you accident (the defendant), detailing what you are claiming for.
  5. If the defendant accepts liability, we will negotiate settlement of your claim as quickly as possible. You will then receive an offer of compensation, which you can either accept or not. The lawyer handling you case will be able to advise you whether or not the offer is a fair one.
  6. If you reject the offer, or the defendant does not accept liability, we will negotiate with them on your behalf.
  7. 95% of cases are settled without the need to go to court. If there is a trial in your case we will carry out all the preparation and instruct a barrister to represent you on the day.
  8. When an offer is made and accepted, the case is settled and you receive 100% of your compensation, your solicitor is paid by the defendant. In the unlikely event the case is lost, No Win No Fee means you don’t have to pay anything.

Rest assured – we are very experienced in this specialist area of law and our team are successfully concluding cases similar to yours every day.

How long will my case take?

Cases are not won overnight. There is a certain amount of work that has to be done to win your case. There are stages of your case which each take time and often there are delays over which we have no control.

For example, in a road accident case where the police attended the accident we will wish to obtain a police report. The police report will contain important information about the accident. There may be details of witnesses, a plan and other useful information. The police often take several weeks if not months to complete their report. If they prosecute the other driver they will not release the report to us until that prosecution has been completed. Even in cases which appear to be straightforward, where the police were involved the other driver’s insurers will often refuse to discuss the claim until the police report is available. In contrast there are many cases where liability is not in dispute where settlement can be pursued relatively quickly.

We will do our best to give you an honest and realistic view of your case. However long your case takes, you should be given a regular update on progress. If you feel that progress with your case is slow, please call and we will be happy to explain to you what is happening and discuss with you any ways there might be of making more progress with your case.

There are things which you can do to minimize delays. If you receive a letter or a call from us asking us to provide information or documents please try to get those documents to us as quickly as you can. Keep a diary of important events like medical appointments so that you can provide us with that information quickly and easily. Keep receipts for any expenses or losses you have suffered and send those to us promptly. Always keep copies of any documents you send to us.

It is difficult to give guidelines on how long cases generally take. If liability is admitted and your injuries were not too serious your claim should be concluded within a few months. Your case will take longer the more seriously you were injured. If liability is disputed or we cannot agree a settlement of your case with the defendant for any reason, we may have to take your case to court, which will often cause a delay. Remember that in some cases, it may not be in your best interests to settle your claim too quickly.

In some cases, where it is going to take a while to get a final settlement agreed, it may be possible to obtain an interim payment. This is not always possible to achieve. Speak to the person handling your claim, because we will try to obtain an interim payment whenever we can.

If you have any other questions, call on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form at the bottom of this page with a brief description of your accident and we will get back to you as soon as possible.

How much is my claim worth?

It is difficult to value a case until medical evidence has been obtained. The same type of injury may attract different levels of compensation depending on, for example, the severity of the injury, the recovery period, the treatment required, the impact on ability to work and whether there are any pre-existing injuries or complications. We select the most suitable medical expert/s for each case and consider every client’s circumstances individually when advising on the value of a claim.

Awards can be made for:

  • Pain, suffering and Loss of Amenity,
  • Loss of Earnings – past and future, including losses of family members who take time off work to care for you.
  • Travel Expenses – past and future, including losses suffered by family members who travel to care for you.
  • Medical Expenses – past and future – you can claim private treatment even if you could have obtained the treatment free on the NHS.
  • Care (paid for care or care provided free of charge by family or friends) – past and future
  • Miscellaneous expenses such as care hire, vehicle repair costs, recovery, storage, insurance excess
  • Loss of use of a motor vehicle, cycle or motorcycle
  • Other uninsured losses, such as insurance excess on a cancelled holiday claim
  • Loss of Congenial Employment – where you cannot return to your chosen career.
  • Disadvantage in the Labour Market – whether or not you have returned to work.
  • Special Equipment for the disabled (adaptions of vehicles, mobility scooters, lifts, hoists, special beds or chairs etc.)
  • Extra fuel costs e.g. extra heating of the home, extra wear and tear on bedding etc.
  • Special cosmetics to cover unsightly scarring.
  • Accommodation Costs – removal costs, legal costs associated with moving, alterations to your house e.g. to create a shower room, to widen doorways etc. – where due to serious disability you have to move and/or money has to be spent adapting your home.

In Fatal Accident claims the claims that can be made include:

  • Statutory bereavement damages
  • Funeral expenses
  • Loss of the deceased’s property, car, clothing, etc.
  • Personal injury if the deceased was conscious for a period of time between the accident and his or her death
  • Loss of Dependency. This is an award of compensation to reflect the loss of the support, both financial and non-financial which the deceased gave to his or her dependents, spouse, children or other family members. This is likely to be the highest part of the claim where the deceased was a breadwinner, but is a claim that should be considered in all cases if there is evidence of some support to the family given by the deceased prior to his or her death.

The person handling your claim will advise you on what you can claim and will advise you as to what evidence will be needed to prove your losses. If you think you have a loss that you wish to claim, just ask, we are on your side.

Remember that you have a duty to mitigate your loss, which means acting reasonably to limit the extent of the loss. If you are not sure whether you can claim, we will be happy to advise you.

Call on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form at the bottom of this page with a brief description of your accident and we will get back to you as soon as possible.

I am self-employed. I had an accident at work. Can I make a Claim?

If you are self-employed and have an accident you should not assume that the accident is your fault, or that you cannot make a claim. Many people in industries such as construction or farming are ‘self-employed’ but that just means that they do not have a payslip from the company they work for. We have succeeded with many cases for people who were ‘self-employed’.

Whilst it is true to say that you should take care for your own safety, the company you work for are likely to be liable in many cases. For example, if you only work for them, when they tell you to and where they tell you, you are in reality an employee. They must take care for your safety. You may be using their tools or equipment or normally work on their premises. If the equipment you are given is defective, or the place where you work unsafe your ’employer’ will be to blame.

On construction sites there are often many different parties working at the same time – the main contractor, sub-contractors, plumbers, electricians, roofers, groundworkers, joiners, scaffolding contractors and so on. It may be that your accident was caused by any number of different parties. We can advise you on whether or not you have a claim.

If you are self-employed and not sure if you can make a claim, just ask. We will be happy to advise you. Call on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form at the bottom of this page with a brief description of your accident and we will get back to you as soon as possible.

I don’t live in the UK. Can I still claim?

Yes, provided the accident was in the UK and within the court mandated time limit.

Generally this time limit is three years but it is different in some cases.

I had an accident at work, will claiming affect my employment?

No, it shouldn’t because you have a legal right to claim if you were injured as a result of someone’s negligence. Furthermore you employer should have insurance covering their employees. Get in contact with us and we’ll be able to advise you on how best to proceed.

Call on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form with a brief description of your accident and we will get back to you as soon as possible.

I need treatment for the injuries I suffered in the accident. What should I do?

Your first port of call should be your own doctor. If your doctor is recommending that you have treatment, you should let us know.

Physiotherapy

For example, if you have suffered a whiplash type injury and liability is not in dispute you will normally be able to have physiotherapy treatment privately rather than having to wait on the NHS. Many insurers will be pleased to refer you on to a private healthcare provider to provide this treatment at their expense. If you prefer to use a particular physiotherapist recommended to you, you are free to do so. You should make sure that you keep receipts. If liability is admitted and you needed treatment for your injuries then provided the cost is reasonable there should be little difficulty recovering the cost of treatment. Speak to the person handling your case if you would like to discuss any of these issues.

X-Rays & Scans

As well as treatment, there are some cases where X-rays, scans or other tests need to be done. We cannot tell you if you need these, and your first port of call should always be your doctor. However, you should always tell us if you have been told that you need any tests like this done. Although it is not always possible, there are occasions when we can arrange for scans and X-rays to be done with the cost claimed later from the other party. It is worth discussing these points with us to see if there is anything we can do to help.

Rehabilitation

In more serious injuries for example where your ability to return to work is at risk and cases of utmost severity such as spinal cord injuries and serious head injuries, the other party may be willing to appoint an independent company jointly with us to assess your rehabilitation needs. This is known as an Immediate Needs Assessment and is undertaken under the Rehabilitation Code. A Case Manager may be appointed to oversee your case. Practical help, advice and assistance beyond that available on the NHS or from the local authority may be available. In many cases, working with the insurers to assess your needs enables clients to receive help far beyond compensation.

Refusing Treatment

Finally, please bear in mind that if medical treatment is recommended to you, questions will be asked if you opt not to have that treatment. In some cases there will be no criticism of a claimant who does not have treatment. For example the treatment may be invasive, like surgery; carry some risk itself or be far from guaranteed to be successful. At the other end of the scale, a person who was recommended to have physiotherapy treatment a few months after a whiplash injury can expect to be asked to explain why he did not have that treatment if he still has whiplash symptoms two years later.

I was driving without insurance, but the accident was not my fault. Can I still claim?

Yes, although it does somewhat compromise the credibility of the claimant. You should get in contact with us to discuss the case.

Call on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form with a brief description of your accident and we will get back to you as soon as possible.

Is there a time limit for making a claim?

Yes, it is important that you make a claim to the court within 3 years of the accident. If you were under 18 years old when the accident happened then you have until you turn 21 years of age. The courts can extend this time limit in exceptional cases. Claimants who are over 18 but do not have mental capacity to give instructions can make a claim after their 21st birthday.

In claims involving an industrial/occupational disease the 3 year time limit begins when you become aware, or should have become aware, that your illness was caused by your work.

In claims involving medical negligence, the 3 year limit begins on the date of knowledge i.e. you had an operation in 1998, but only discovered the procedure was wrong, unnecessary etc. during another procedure a routine check-up in 2011. The 3 year limit would start from 2011.

If your accident happens on a ferry or aircraft, or ‘air-side’ after checking into an airport, the time limit for making a claim is 2 years.

Whatever the time limit for your claim, remember that the sooner you instruct us to proceed with the case the sooner we can obtain the evidence we will need to prove your case.

In some cases the court has a discretion to allow a claim to proceed ‘out of time’.

The police could not trace a driver who hit me and failed to stop. Can I still claim?

Yes. You can make a claim – known as an ‘Untraced Driver’ claim – against the Motor Insurers Bureau (MIB). There are some special rules about these claims that we will advise you about. It is important that you act quickly so that we can give you the correct advice. Please contact us and we will be happy to advise you.

If you have any other questions call us on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form with a brief description of your accident and we will get back to you as soon as possible.

What can I do if my Criminal Injuries Compensation Claims Scheme application fails or is rejected?

If it is rejected, you can ask for a review of the decision by a different claims officer. This must be received by the authority within 90 days of the decision.

If it fails, you may appeal to the appeals panel for a hearing at which you would be entitled to appear with representation. Your appeal must be made within 90 days of the date of the review decision.

For more information call on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form with a brief description of your accident and we will get back to you as soon as possible.

What compensation can I receive from the Criminal Injuries Compensation Claims Scheme?

The scheme allows financial awards to be made;

  • To recognise physical and mental injuries caused by a violent crime.
  • In certain circumstances to compensate for future lost earnings or expenses caused by a violent crime.
  • For the death of a close relative as a result of a violent crime, including in some cases compensation for the lost earnings for the person who was killed.
  • The scheme deals with injuries suffered in Great Britain that is England, Scotland and Wales. The scheme provides for a payment in recognition of someone who has been injured as a result of a crime of violence.

Assuming your application has been accepted, the award in respect of your injuries is based upon a Tariff scheme. The minimum award is £1000 but if your injury is not serious enough to qualify for a £1000 payment no award can be made. The maximum award before any deductions is £500,000.

You may also qualify for compensation for lost earnings and special expenses. You will not be able to recover lost earnings for the first 28 weeks of incapacity. Special expenses may be the cost of medical treatment which cannot reasonable be provided by the NHS, the cost of care or supervision you may require and the cost of adaptations that may be need to your home but all of these must be as a result of the injuries sustained by you.

If a parent, child, husband, wife or partner has died as a result of a violent crime you may also be entitled to compensation.

For more information call on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form with a brief description of your accident and we will get back to you as soon as possible.

What is the Criminal Injuries Compensation Claims Scheme?

The scheme deals with injuries suffered in Great Britain that is England, Scotland and Wales. The scheme provides for a payment in recognition of someone who has been injured as a result of a crime of violence.

What compensation can I receive?

What can I do if my application fails or is rejected?

Am I eligible to apply?

Who pays the costs?

For more information call on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form with a brief description of your accident and we will get back to you as soon as possible.

What type of injury claims does Miya undertake?

The majority of the types of claims that we deal with are listed in the personal injury section of our website. Simply click through the categories on the left of the personal injury page here.

This includes, but is not limited to:

  • Road traffic accidents (drivers, passengers, pedestrians – car accidents, cycling accidents and motorcycling accidents)
  • MIB claims (where the driver at fault cannot be traced or does not have insurance)
  • Accidents at work
  • Trips or falls anywhere (including due to pavement defects and hazards in shops and other areas)
  • Industrial disease / occupational illness (inclusing asbestosis, mesothelioma, pneumoconiosis, miner’s knee, deafness and RSI)
  • Transport accidents (on buses, trains, planes and boats)
  • Accidents on holiday (in the UK or abroad) including food poisoning
  • Accidents involving children
  • Product liability (defective or dangerous products)
  • Spinal Injuries
  • Sports Injuries (including skiing accidents and injuries)

Our team successfully concludes thousands of cases each year on a ‘no win, no fee’ basis and if you are in any doubt as to whether or not we can help you, simply give us a call (020 8826 1301) or send us a message using our online form.

What will it cost me to pursue my claim?

Don’t Worry About Legal Costs

Contacting us for initial advice on your claim will cost you nothing – even our phone number is free to call.

If we advise you to make a claim with us, we will review all the options for funding it.

Options For Funding Your Claim

There are a number of ways to fund your case. These include:

  • Conditional Fee Agreement, commonly known as a ‘No Win No Fee’ agreement.
  • Legal Expenses Insurance – as part of your household or car insurance you may have legal expenses cover to help with legal costs

If you don’t have legal expenses insurance, your best option is to consider a ‘No Win No Fee’ agreement. Even if you do have access to other funding options, a ‘No Win No Fee’ agreement may still be the best option for you.

When we discuss your claim in more detail we will tell you if the ‘No Win No Fee’ option is available or if we need to look at the other funding options.

New Legislation

Government changes to how legal costs and funding for personal injury claims will work come into effect from 1st April 2013. These changes mean you will no longer be able to recover all of your legal costs from your opponent. It is likely however that you will still recover the substantial majority of your basic legal costs.

Who pays the costs for a Criminal Injuries Compensation Claims?

The CICA do not pay anything towards your legal costs. If you wish to make an application to the CICA without legal representation you are free to do so and you will not then incur any costs. If you instruct Levenes to pursue your claim we may offer to pursue your case on a Contingency Fee basis. We would make a charge if the claim succeeded. You should check any insurance you have, for example household insurance, to see if you have legal expenses insurance which might cover your legal costs.

For more information call on 020 8826 1301 to speak to a member of our team between 8 am and 6 pm Monday to Friday. Outside of those hours you can leave us a message on the same phone number, or alternatively complete the Online Enquiry Form with a brief description of your accident and we will get back to you as soon as possible.

Can I still claim if I wasn’t wearing a seat belt in a road accident?

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Can I claim if I am hit by an uninsured driver?

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Am I eligible to apply for the Criminal Injuries Compensation Claims Scheme?

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