Compensation after an accident or injury

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1. Write a letter, complain or try mediation

You can get compensation by taking legal action, but it could cost you money and you may not win your case against the person or organisation to blame.

Writing a letter or making a complaint

If it鈥檚 not a serious injury, you may be able to solve the issue by writing a letter or making a complaint - use the complaints procedure if there is one.

Explain what went wrong and tell them how much compensation you want or how they can make up for the injury.

Using mediation

You might be able to . This is when an impartial professional (the mediator) helps both sides work out an agreement. It鈥檚 confidential and usually quicker and cheaper than going to court.

2. Check your insurance policies

You may already have insurance to pay for the legal costs of making a claim for compensation. You can:

  • check your insurance policies (such as motor, home contents or holiday insurance policies) to see if they include 鈥榣egal expenses insurance鈥�
  • check if you have legal cover as a member of a trade union, or an organisation like the RAC or the AA

Policies normally only cover you for some types of legal problem and have other terms and conditions.

鈥楢fter the event鈥� insurance

If you鈥檙e not insured, you could take out insurance after the incident to protect yourself against a large legal bill.

A solicitor can help you choose an 鈥榓fter-the-event鈥� insurance policy and may take it out on your behalf.

If you win, you may be able to get some of the costs back from the losing side.

Some insurance companies will not insure you if they think you鈥檙e unlikely to succeed, and some policies are very expensive.

3. Using a solicitor or a claims company

You cannot usually get legal aid for personal injury cases.

A solicitor should advise you on costs before you agree to hire them.

Get advice from on what鈥檚 involved in taking legal action and how much it will cost you.

Claims companies

Businesses known as claims companies can help you find a solicitor.

Most claims handlers are not solicitors, and so will not be able to represent you in court.

鈥楴o win, no fee鈥� deals

If you use a 鈥榥o win, no fee鈥� agreement, you will only have to pay the solicitor鈥檚 fee if you win the case.

You may still have to pay for some other costs, like:

  • fees to pay for experts
  • court fees
  • travelling expenses

If you lose, you will also have to pay for:

  • the other side鈥檚 legal costs
  • other expenses and charges, such as fees for witnesses

The solicitor may charge a fee for winning the case.