FAQs
Accidents and Diseases
Q: I've been injured and it wasn't my fault, what can I do about it?
A: Ring Winterbothams on 01453 847200 to seek legal advice as soon as is possible as there is a three year time limit for bringing claims in straight forward cases. This rule does not apply in certain circumstances such as industrial disease, as it depends on the date of your knowledge of the diagnosis.
In advance of the appointment, we will send you a questionnaire for completion which requests, amongst other things, the following information:
- Personal details e.g. address, telephone numbers (home, work & mobile)
- Date of the accident, or when you first noticed any symptoms of illness
- Where the accident happened
- A brief description of what happened and details of the injury/illness
- If you had medical attention, the advice the doctor gave you
- If the police attended upon you, the contact details of the relevant police officer/station
- Details of the hospital or your GP that you attended upon because of your injuries
- Details of the person/organisation you believe was responsible for the accident/illness, (e.g. name, address and insurance company)
- Any expenses you incurred as a result of the accident/industrial disease. We will provide you with an Expenses diary for completion at the first interview.
Q. What will it cost for a consultation?
A. We offer a free first interview under the Law Society approved Accident Line Scheme. If you are unable to travel to our office, we can arrange an interview at your home. We will explain the ways in which the case can be funded.
Q: Who will pay me if I win my claim?
A: The person or organisation that caused the accident or illness will pay you compensation although it is usually their insurance company.
A: We will advise you as and when we are in a position to do so as there are a number of matters that need to be taken into account such as the content of medical evidence obtained on your behalf.
Q: When will I be paid compensation?
A: When your claim settles, or when Court proceedings conclude.
Q: How long will my case take?
A: The claim will conclude faster if your opponent admits responsibility and the level of compensation can be agreed.
Q: Will I need to attend court?
A: Over 90% of claims settle before they reach trial so it is likely that you may not necessarily have to appear to give evidence.
Employment
A: Legal Aid is not normally available for employment cases but please talk to us about your options if you are concerned about costs.
We would advise you to check to see whether you are covered by legal expenses insurance, for example through your household buildings/contents insurance policy, and if so to make a claim or talk to your insurers as soon as possible. It is important for you to tell us if you do have insurance.
Charges will vary depending on how complicated the work is and how quickly we can conclude matters for you. We can agree a fixed spending limit and contact you when this is reached to get your agreement to continue. Very few of our clients have a concern about the costs at the end of their case, whatever the outcome.
A: Depending on the nature of the work your case could be concluded in a number of weeks, or it could take several months. A few cases take longer, where the claim takes a long time to get to a Tribunal hearing.
Q: Why should I use your firm?
A: We are highly specialised in Employment Law. We will be sympathetic and understanding and once you have appointed us we will consult you at certain key stages. At the outset, we will want to know what you wish to achieve, and aim to ensure that your expectations are realistic. We will explain things clearly, explain what the costs are likely to be and update you on progress as work proceeds.
A: You are at liberty to use our services as you wish, and take our advice and then deal direct with your employer and if you wish to handle an Employment Tribunal case yourself; however employment law has become far more complex in recent years and it is now usual for solicitors to get involved to ensure greater prospects of success.
Q: What will be expected of me?
A: We can only give you our best advice if the information you give us is accurate and complete. When you attend your first appointment we will ask you to bring proof of identity documents with you so that we can ensure compliance with the Money Laundering legislation. These can include a passport, a photo-card driving licence, a recent bill or statement.
When you contact us we must check that we have not acted for the person or company with whom you are in dispute (Employer), so we will ask for their identity. This will be kept strictly confidential, as will everything you tell us even before you decide to instruct us.
In order to understand your circumstances and give advice, we will need you to provide all relevant paperwork. Please try to find your contract of employment, any staff handbook, any correspondence or memos, notes of telephone conversations. It may help you when we see or speak to you to have jotted down a history of what has happened with key dates and names.
Q: What is a compromise agreement and what does it cost?
A: A compromise agreement is used to deal with a dispute or possible dispute between an Employer and an Employee. Usually the employee is leaving his/her job. The Employer usually pays a sum of money in return for the Employee agreeing not to take further action in relation to problems that may have arisen in relation to his/her employment. It is essential that the Employee gets legal advice and that the document is carefully drawn up for both parties’ interests to be safeguarded and for the agreement to be legally binding. It is usual for the Employer to contribute all or part of the Employee’s legal costs. Very often this sum will cover the costs but it depends on the issues. We will advise you as to whether or not we feel the costs offered will cover the advice that you require.
Q: Do I have no employment protection rights until I have a year’s service?
A: There is a requirement for one year’s service before an employee can complain about many forms of unfair dismissal. However there are a number of claims that are exceptions such as discrimination (sex, race, religious belief, disability, sexual orientation), also pregnancy related claims, maternity issues and parental rights. Some dismissal scenarios do not require the one year’s service rule, but these are rare.
Claims that relate to money owed to you (e.g. notice, holiday pay) or where your employer has taken money off your wages do not necessarily require a year’s service. It is important if you are unsure, to let us know the details of your situation so that we can assess whether you can exercise your rights.