FAQ - Personal Injury

FAQ - Personal Injury

1. I’ve just been injured, what do I do?
The first thing you need to do is take the necessary precautions for the most important thing - your health. Once you are in a stable condition, you should speak with a lawyer as soon as possible. You may be entitled to compensation depending on your circumstances, and may have obligations in order to claim this compensation. By going to a lawyer, you can have a clear understanding of your rights and obligations going forward.

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2. How long do I have to make a claim?
Generally, an injured person has two years to start an action from the date they knew or ought to have known they had a potential claim against someone. There are some exceptions to this general rule, and sometimes determining when this two-year period starts running can be tricky. This is why it is important to contact a lawyer as soon as you believe you may have a claim.

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3. What kind of compensation can I receive?
It depends. Generally, the categories of compensatory damages are:

  • Pain and Suffering
  • Loss of Past and Future Earnings
  • Loss of Competitive Advantage and Earning Capacity
  • Property Damage
  • Loss of care, guidance and companionship of a loved-one
  • Mental Anguish
  • Out-of-pocket Expenses
  • Future Care

Each type of compensation tries to alleviate a different kind of loss you suffered. It is a good idea to contact a lawyer to see what types of compensation you may be entitled to receive from someone who injured you.

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4. How long does the process take? Will I need to go to trial?
Court proceedings can vary in length; each case is unique. There are some cases that may take years to resolve, but there are some cases that can get settled without even needing to begin a lawsuit. A lawyer will be in a good position to advise you of how long your case may be expected to take based on the complexity of your case and the nature of what happened.

Over 90% of cases settle before going to trial, and can often be settled through mediation or settlement conferences. If your case is one of the rare cases that require a trial, at Williams McEnery we pride ourselves on being seasoned trial lawyers with the resources and experience to represent your interests before a judge or jury.

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5. I fell on someone’s property, am I able to sue?
If you slip and fall on someone’s property you may be entitled to recover compensation. Owners and occupiers of property are often subject to the Occupier’s Liability Act, and depending on your case they may have breached the obligations that are owed to you. To get a good understanding of what rights you have while on someone else’s property, you should speak to a lawyer who will be able to explain the ins and outs of slip and falls.

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6. How much are my legal fees going to cost?
When you have suffered an injury we understand that resources may be limited. This is why we often suggest an arrangement known as a “contingency fee”. Generally, under this arrangement you do not pay the lawyer until the matter has concluded, and will only pay the lawyer a percentage of whatever you recover from the party that injured you. The exact percentage will be worked out between the lawyer and you, but when you speak to a lawyer, be sure to ask if a contingency fee is right for you.

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