Our Services

Frequently Asked Questions

It's not every day that you make a claim, so you will inevitably have questions about the process. To help, we've outlined some of our most frequently asked questions below.

If you have any other questions, please don't hesitate to contact us.

Personal Injury and Accident Compensation FAQs

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 you can claim depends on how long it will take for you to recover. Other factors such as travel expenses, loss of earnings, and care and assistance could also make up part of your claim.

How long will my claim take?

We pride ourselves on settling claims as quickly as possible although factors outside of our control can delay the process.

Who will pay my legal fees if I lose?

In the unlikely event that your personal injury 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 made a fraudulent representation.
  • You behaved in a manner that was considered manifestly unreasonable.
  • Court proceedings were conducted in a manner that amounted to an abuse of process.
  • You abandoned the court action.
  • Summary judgment has been granted in favour of your opponent on the basis that there were no real prospects of success.
  • You failed to accept a formal offer in a reasonable time.
  • If after proof (trial) the damages you are awarded are less than that previously offered by your opponent.
Why should I choose Winns?

We have extensive experience and adopt a client-first approach whilst providing all necessary legal support for your claim.

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 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 take a prior agreed deduction 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.

We will formally submit the claim to the other party’s insurance company and in the meantime arrange for you to be examined by a medical expert.

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 at court.

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

Yes – you can act on behalf of another person if they are a child 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 0333 222 5222.

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: 0333 222 5222.

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

  • Relay UK (formerly Next Generation Text)
  • 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 likely 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.

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.

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: 0333 222 5222.

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 0333 222 5222 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 of your 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 0333 222 5222.

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 0333 222 5222 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 0333 222 5222. 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 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 at court.

What if I want to cancel my contract with you?

You have the right to cancel your contract with Winn Solicitors (Scotland) LLP within 14 days without giving any reason.

Please download a copy ofthe Success Fee Agreement Notice of the Right to Cancel document for more information.

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