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Will I still be allowed to claim if my injuries are delayed?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Will I still be allowed to claim if my injuries are delayed?

    This is a common question many people ask when they suffer injuries in an accident that was not their fault. Some people assume any injuries they suffer, as a result of an accident, must be visible straightaway for them to claim any compensation. However, this is not the case.

    What is the three-year time limit on personal injury claims?

    You can still claim for an injury that was not apparent until some time after the accident. However, it is important to note there is a time limit in force that you must comply with if you want to make a claim for compensation. This time limit is usually three years for a personal injury claim resulting from an accident.

    The limit is applied from the date of the accident, or alternatively, from the date you became aware of your injuries.

    So I’ll still be able to claim if my injury didn’t show up immediately after the accident?

    Some injuries do not manifest themselves immediately after an accident. The most common example of this is whiplash. This takes a few hours, sometimes even a few days, to become apparent, rather than straight after the crash takes place.

    Whiplash can also seem relatively minor at first, before worsening over the coming days. The main thing to remember is the fact you have suffered an injury – even if it was not apparent to begin with. Providing you can prove the injury was caused by the accident and you are making a claim within the allotted time period, you have a case for compensation.

    Should I seek professional help?

    Of course, it is advisable to make your claim as soon as possible after you realise you are injured. It is also wise to consult a doctor, as their records will prove you have suffered the injury (or injuries) you are making a claim for. They will additionally be able to identify whether the injury was caused by the accident. In cases where injuries are delayed, the opposition may try to prove your injury already existed before the accident. Confirmation from your doctor can prove otherwise, making your claim a lot easier to settle.

    To find out whether you have a good case for a compensation claim in these circumstances, consult a specialist solicitor today for free, no obligation legal advice. They can handle your case on a no win no fee basis in total confidence, as long as your accident falls within the three year window.

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