Is it important that I instruct a solicitor who is based close to where I live?

No. In our experience, we believe that it is more important to instruct a solicitor who has the necessary experience and expertise to handle your claim. This is especially important in complex cases involving clinical negligence and/or personal injury as it can make the difference not only between you winning or losing your case but also of many thousands of pounds in compensation.

What documentation do I have to present to prove my identity?

Regulations have recently come into force, which require solicitors to obtain documentation from all new clients in respect of their identity, specifically documents which prove their client's name and current address. This means that before a solicitor can proceed with your case, you will need to show them certain documents. Solicitors will need to see the original items and will need to retain copies for their file. We recommend that you do not send valuable items such as passports and driving licences through the post. Examples of items, which are satisfactory, are listed below and we would normally need a different item from each list.

Can You Take Over From My Current Lawyers?

If you are using a lawyer, we understand that:

If you are concerned about the way in which your claim is being handled you can raise your concerns with your lawyer. If you are not satisfied with their response you may want to consider a ‘second opinion’ from another law firm
We have helped many clients who have been dissatisfied with the advice or service they have received from their lawyers and you should not be concerned about seeking free independent advice on your claim so that you can make an informed choice about whether to move your case to another law firm.
Clients who have decided to move their case to Aston Carter Solicitors have been impressed by our responsive and positive approach to their case and they have gone on to achieve the best possible outcome taking into account all aspects of their claim including access to medical care, rehabilitation and compensation.
We are happy to discuss your situation and advise you on what we can do for you and then you can decide whether you wish to proceed with moving your case.
If you do decide to move your case to us you don’t have to worry about how this happens or how you will deal with your current lawyer. This process is very simple and we will take care of all the necessary arrangements for you. All you have to decide is whether you wish to stay with your current lawyers or move your case to us.

What Is No Win No Fee?

A ‘No Win, No Fee’ agreement, which can also be known as a conditional fee agreement, gives you security and peace of mind when making a personal injury claim.
We will assess the prospects of winning your case and decide if we are able to offer you a no win no fee agreement. If you decide to accept that offer we will pursue your claim on the basis that if the claim is unsuccessful we will not be paid and the costs of any other party will be paid under an insurance policy which we will take out on your behalf.
If your claim is successful then our costs will be paid by the other party. You will not however have to pay any costs and providing you comply with the terms of the ‘No Win No Fee’ agreement you will receive 100% of your compensation.

Will I Receive 100% Compensation?

We will ensure that where possible you receive 100% of your compensation if your claim is successful.
In all cases where you have been injured in an accident or suffered a work related illness and the claim is brought in England and Wales we can (subject to an assessment of the prospects of success for your claim)  offer you a ‘no cost’ no win no fee agreement which means that you will not have to pay any legal costs whether you win or lose and if you win you will receive 100% of your compensation.
Furthermore, in contrast to many other law firms Aston Carter Solicitors will ensure you receive 100% compensation if you are injured as a result of medical negligence.
This is possible because under the terms of the ‘no win no fee’ agreement and other funding arrangements our full legal costs can be recovered from the party against whom the claim is made.
 
There are some limited types of cases ,however, where it is may not be possible to offer a no cost ‘no win no fee’ agreement or where the legal costs may not be capable of recovery from another party or where those costs may not be recoverable in full. For example, where the claim has to be brought in another country or where the accident or illness occurs in another country or in complex group claims. There are also certain types of claim where legal costs cannot be recovered in full from another party such as Criminal Injuries claims but there are other funding options available which we will discuss with you.
To receive 100% of your compensation you must, of course, comply with the terms of your no win no fee agreement or other funding arrangements, which are straightforward and will be fully explained to you at the beginning of the case.
We will discuss with you at the outset the best funding options for your claim and whether there is any reason why you should not receive 100% compensation if your claim succeeds... in the vast majority of cases you will receive 100% of your compensation.

What is my claim worth?

This varies from case to case and is dependent on the individual circumstances. Following the initial investigation, your solicitor should be in a better position to advise you as to the potential value. Any earlier estimate provided may be subject to change following receipt of expert evidence or any other additional information.

What needs to be proved to win my case?

Before legal action can be brought two aspects of a test ('liability' and 'causation') must be established.
Liability
To establish liability it must be shown that the treatment/service fell below the standard of a reasonably competent practitioner/service provider. For example in clinical negligence, you would have to show that a reasonable surgeon in the relevant field i.e. orthopaedics, at the same time and in the same circumstances would have carried out the surgery differently.
Causation
In addition to satisfying the test for liability, causation must also be established. This means that there must be a link between the substandard treatment/service and the injury suffered. It is not sufficient to show that the treatment/service you received was negligent. You must also show that the negligence caused damage.
Liability and causation must be established on the "balance of probability" i.e. more likely than not.

How long will the investigation take?

This will depend upon a number of matters including the individual circumstances of your case. Other factors affecting the likely timescales include how quickly the relevant medical records are obtained, whether the solicitor has to apply to court to obtain the records, if an appropriate expert can be located to report promptly and the length of the expert or experts' waiting list.

What if I disagree with the expert evidence obtained in respect of my claim?

In order for any claim to be successful, it is necessary for supportive expert evidence to be obtained such as medical reports. If expert evidence is unsupportive, then this is likely to reduce the prospects of success and may lead to your case being discontinued

What and when is the limitation date?

There are rules limiting the time within which an injury claim can be brought. This can vary depending on the circumstances and the country where the accident took place. As a general rule, in this country a person has 3 years from the date when an accident or injury occurred. Where the injured person is a child, the 3-year limitation period does not begin to run until he/she turns 18 years of age. However the limitation period is different for a number of cases including accidents overseas, consumer protection act, human rights cases. If you are unsure about the limitation period in your case you should contact a specialist solicitor.