Medico Legal Services Ltd

Coordination of Legal and Medical Experts providing medico-legal services in support of personal injury claims

 Using Medico-Legal Services to assist your personal injury or negligence claim

 If you have received a personal injury and wish to claim following a road traffic accident , occupational accident or sustained a personal injury through no fault of your own then contact Medico-Legal Services (MLS).

 MLS staff will take details of the incident and injuries and arrange an appointment with an appropriate and convenient solicitor. Should a decision be made to proceed with a personal injury claim we can arrange an appointment with a relevant medical consultant and provide your solicitor with a medical report

We will also arrange appointments with any necessary ancillary services such as physiotherapy to support your claim for personal injury compensation and assist your speedy recovery.

There is no charge for this service

What will it cost to pursue my claim for personal injury?

There are various methods of funding your claim depending on circumstances and the solicitor will advise on the most appropriate method for you. However it is in your interests that you are aware of the options available to you.

1 Legal Aid

On 1st April 2000,legal aid ceased to be available for personal injury cases arising out of the negligent act or omission of a person or a body.

However, the Access to Justice Act 1999 has empowered the new Legal Services Commission (LSC) to consider litigation supporting certain types of "expensive personal injury cases" such as actions in the public interest, Investigative Support can also be allowed by the LSC and covers the preliminary cost of investigating the proposed claim with a view to assisting a decision to be made about entering into a conditional fee agreement.

2 Legal Expenses Insurance – Car Home Travel etc

 A policy (car, home or travel) may cover you for legal costs up to a specified limit but this requires you to read any policies for financial and liability limitations. The policy may require you to use a solicitor on your insurers panel. You do not have to accept this requirement unless it can be shown by your Insurer that it was brought to your attention at the time you took out the policy. Clause 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990 says you are entitled to use a solicitor of your choice . This should be considered from the point of convenience at least.

3 After the Event Insurance (ATE)

 If you do not receive Legal Aid or are not covered by legal expenses insurance, you can take out insurance after the accident to enable you to pursue the claim. ATE insurance is more expensive than cover arranged through car, home or travel insurance and is often linked to conditional fee agreements (No Win, No Fee). The insurance cover applies to you and the solicitor whom you instruct to act on your behalf.

 A policy will cover you for defined expenses and disbursements incurred by you if you lose your case. The solicitor should identify any other fees such as a success fee at the outset and the precise level of the fee must be agreed between you and the solicitor. These fees would be deducted from your award but there may be legislation in the future which will allow success fees to be payable if your case is successful in addition to the award for damages.

4 Contingency Fee

 Contingency fee arrangements are common in cases where court proceedings are not possible, such as claims against an untraced driver or under the criminal injury procedures. This is a variation on the conditional fee and occurs where you and the solicitor agree a straight percentage of any damages awarded.

 What can I claim for personal injury?

General damages compensate you for pain, suffering and loss of amenity.

The Judicial Studies Board has issued guidelines based on past awards and all legal experts will reference the details of your case to this document. They are set according to previous awards and sums awarded can range from £500 for a simple whiplash injury to greater than £100,000 for serious disabling injuries and conditions.

 Special damages may be awarded in respect of financial losses, reasonably incurred as a result of the accident.

 There follows examples of such losses : 

 Loss of earnings

Care and Assistance

Medication charges

Medical Equipment

Travel expenses

Modification to home

Special damages depend on a test of recoverability and this is based on whether the expense is reasonable and whether it results from the negligent act or omission which is the basis of the claim.

 A tariff scheme on awards applies to cases which involve criminal injury and also case involving victims of uninsured/untraced drivers

What time limits are involved in personal injury claims?

 The general rule is that you have 3 years to bring proceedings from the date of the accident or the date of knowledge that injury arose from the accident. Exceptions apply to minors where the time limit is 3 years from the age of 18, and to persons under a disability where the time limit runs indefinitely until recovery .

 Criminal injury cases only allow 1 year and given the possibility of other exceptions or circumstances applying to your situation, it makes sense to pursue your claim at the earliest possible opportunity .