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Damages & Costs


Damages are awarded by the Court if you show that the party you have sued is responsible for the accident and for the injuries that you have suffered.

If there are a number of parties involved in the accident you have to take action against each wrongdoer. If you have contributed to your accident a Court will take that into account and this is known as contributory negligence.

Damages are divided into two parts:

General damages

This is the compensation which you will receive for your pain and suffering from the date of the accident to the date of the trial and any injury that you will suffer into the future.

The Court will establish the amount of damages you will receive on the basis of the medical evidence adduced to the Court by your doctors.

Special Damages

This is compensation you will receive for all expenses that you have incurred directly as a result of the accident for example this will include loss of earnings, medical expenses, travelling expenses, costs of repairing your car if relevant. It is very important that you keep all receipts for any financial loss.

You should receive your compensation between 6 – 8 weeks after the date of settlement or the trial.

Legal Costs

We appreciate that in today’s economic climate, you will be very conscious of legal costs and we at Taylor &Buchalter are committed to explaining the fees we charge and how the process works.

As Solicitors we are prohibited from advertising No Win No Fee arrangements. However when you contact us about your claim, we will discuss with you whether it is possible to enter into such an agreement.

If your claim is finalised through the Injuries Board, no award of costs will be made, though you will generally recover the costs of the medical report and any out of pocket expenses. However, it is worth noting that if the Injuries Board deals with your claim, it does not determine who was at fault and you are not at risk of losing your claim or having an award of costs made against you.

If the Injuries Board does not assess your claim, your case will proceed through the Courts and if you are successful, an award of costs will be made in your favour.

However not all costs will be covered for example some expert witness costs may not be included. There may be costs which will have to be borne by you.

We can offer you a commitment to explain how costs work at the outset and to keep you updated in relation to costs as your case progresses.