Frequently Asked Questions

Personal injury & accident compensation FAQs

Here are some of our most frequently asked questions:

What is the time limit for pursuing a personal injury claim?

You are entitled to claim compensation if you have been injured in an accident that was not your fault in the last three years. However, the sooner that you make a claim following your accident, the more chance you have of your case being successful.

How much compensation will I receive?

Every personal injury claim is different. The amount of compensation that you can claim depends on how long it will take for you to recover. Other factors such as: travel expenses, loss of earnings, hospital visits and care or assistance for domestic chores could also make up part of your claim.

How long will my claim take?

We pride ourselves on settling claims as quickly as possible – in general, we recover compensation for our clients in one third of the time quoted as the national average. Occasionally, factors outside of our control can delay a claim slightly, for example, if there is a dispute on liability, your claim may be delayed as a result of court proceedings.

Who will pay my legal fees if I lose?

In the unlikely event that your case is lost, you will not be required to pay any legal costs. You will also not be responsible for your opponent’s legal costs or expenses, unless in exceptional circumstances the court determine that:

• You had no reasonable grounds to make a claim in the first place
• The claim was an exploitation of the court and its procedures
• Your general behaviour during the case is judged as dishonest
• You are claiming in order to financially benefit somebody else

Why should I choose Winns?

We are a leading provider of accident management services. Our one stop shop approach means that we take care of everything, to get you back on the road as soon as possible. From arranging car hire and repair, to organising medical treatment and pursuing compensation on your behalf, we’ve got it covered.

Do you offer a no win, no fee service?

Yes – we are committed to acting on behalf of non-fault accident victims on a no win, no fee basis because pursuing compensation should never be a gamble.

What is no win, no fee?

No win, no fee means that you won’t have to pay us any fees upfront for pursuing the other party’s insurers, even if the claim ends up going through the court process. If your case is successful, we may take a deduction of up to 25%, but if your case is lost, we won’t charge you a penny in legal fees as long as you have complied with the terms of our agreement.

Will I be told whether my case will be successful or not?

While it is impossible to guarantee the outcome of your case, we will provide you with as much information as possible about the likelihood of your claim succeeding.

Do you give legal advice on all types of accident claims?

No – we are specialist personal injury solicitors. We can offer legal advice on non-fault road traffic accidents, as well as accidents at work, public liability and occupier’s liability cases.

Will I have to go to court?

It is relatively rare for a personal injury claim to proceed to a final court hearing. In cases where liability is disputed, there can be more chance of a hearing, however, the majority of cases still settle out of court. In the unlikely event that you would need to proceed to a hearing, you would probably need to attend; however, we would ensure that the experience was as stress-free as possible.

What’s the process involved in claiming, from the start?

You’ll start by speaking to our dedicated first response team. They will take some initial details from you, and provide you with advice and information about how your claim will progress. For more detailed information about the claims process, click here.

Can I claim on behalf of someone who can’t claim themselves?

Yes – you can act on behalf of another person if they are under 18, or unable to represent themselves because of their injuries or mental state.

How do I find out if I can make a claim?

In order to find out if you can make a claim, contact us today on 0800 988 6288 or use our Live Chat facility.

What are your opening hours?

We’re open 24/7 for new claims.

For existing claims we’re open at the following times:
Monday – Friday: 8am – 6pm
Saturday: 9am – 1pm
Sunday: Closed

Call us today on: 0800 988 6288

Do you provide services for customers with hearing impairments?

Yes –  we strongly believe that all of our customers should have access to our services, which is why members of staff from teams across the business have undertaken training on communicating with people who are deaf or hard of hearing. We are the first law firm to have been accredited by Action on Hearing Loss, a national charity which provides support to those with hearing impairments.

We can offer a number of services to assist our deaf and hard of hearing customers, including:

• LiveChat
• Relay UK (formerly Next Generation Text)
• Loop system
• British Sign Language interpreters (BSL)
• Language Services Professionals (LSP)

What if the other party doesn't admit that the claim is their fault?

If liability is disputed, we will issue court proceedings. Even after court proceedings are issued, it is rare for a case to get all the way to court, as many cases settle before they get to this stage.

What percentage do you take?

If your case is successful, you may have to pay costs of up to 25%. This figure is inclusive of VAT. Our agreement ensures that you never pay more than a maximum of 25%. For more information on the payment of our legal fees, click here.

Is there a fee to pay?

We operate on a no win, no fee basis, so whether your case is successful or not, there will be no fees to pay, provided that you have cooperated reasonably with your solicitor.

Do you deal with accidents at work?

Yes, we specialise in road traffic accidents and employers liability cases. Our dedicated employers liability team specialise in accidents at work, as well as public liability and occupier’s liability claims. For more information on making a claim for an accident at work, click here.

If I put a claim in, will it affect my insurance?

The act of putting a claim in with Winn Solicitors will not affect your insurance. However, if you’ve been involved in a road traffic accident, you must notify your insurer that you have been in an accident, and this may affect your premiums. By claiming through Winns, rather than your insurer, it is less likely that your insurance premiums will be as significantly affected.

Can I have an update on my claim?

Your case handler will keep in touch to let you know how your case is progressing. If you’d like an additional update, you can check on the status of your claim in Fileview, which can be accessed via Touchpoint. Alternatively, you can contact us on: 0800 988 6288.

Can I take your free postal address?

Our freepost address is:

Winn Solicitors Ltd,
Freepost,
NEA5992,
Newcastle upon Tyne,
NE6 1ZY

Can I still make a claim if the accident was my fault?

In many accidents, it is unclear who is at fault. While we can’t deal with fault accidents, call us if you are unsure of whether an accident was your fault and we can advise you on whether you are likely to have a claim or not. Call us today on 0800 988 6288 to speak to an advisor.

I have had an accident at work but I am self-employed, can I still make a claim?

It is possible that you can still make a claim if you were self-employed at the time of your accident. Firstly, you need to ascertain who was responsible for your safety on the day when you had an accident, and if you suffered an injury as a result of them negligently exposing you to harm.

For advice on whether you have a case against your employer, call us on 0800 988 6288.

Can I sue my employer for an accident at work?

If you’ve had an accident at work in the last three years you may be able to make a claim against your employer.

Call us today on 0800 988 6288 and we can advise you on whether you have a claim.

I am not sure if I have a claim, what do I do next?

Contact us today on 0800 988 6288 or start a Live Chat. Our team of specialist advisors will usually be able to tell you immediately whether you may have a claim.

What is the claims process for an accident at work?

If you decide to contact us following an accident at work, you will initially speak to a member of the team who will take down the details of your accident. Your claim will then be allocated to a specialist advisor within the employer’s liability team who will submit your claim to your opponent. Your claim will be reviewed when we have a response from your opponent.

If we proceed with your claim at this stage, your advisor will arrange for you to see a medical expert in your local area. Following your medical examination, the expert will provide us with a report which is the basis for valuing your claim. Once we have complete medical evidence along with evidence in support of your financial losses we will then enter into negotiations with your opponent.

If negotiations fail or your opponent does not respond, court proceedings can be issued. If we issue court proceedings, your advisor will keep you regularly informed of the court process. We will continue to negotiate on your behalf, however, if a settlement cannot be reached, your claim will be determined by a judge.