FAQ
Frequently Asked Questions
Cordus Law act on a conditional fee or no win, no fee basis. This means if the claim ultimately is unsuccessful there will be no charges presented to any client (subject to pre-agreed terms and conditions). If the claim is successful then deductions will be made for what is known as a ‘success fee’ (capped at 25% of any damages received) and for what is known as ‘after the event insurance’, which protects clients against the risk of losing. Cordus Law do offer damages guarantees to all successful clients to ensure that they are left with a significant proportion of damages recovered unlike many other law firms.
All cases take different periods of time. This is determined by the evidence that needs to be gathered, the approach of the opposing party (Defendant), whether the matter needs to be litigated and what issues arise during the life of the claim. On average our cases settle between 24 and 30 months, but this timeframe can increase or decrease depending on individual circumstances.
All claims need to have a client undertake at least one form of medical test. This allows Cordus Law to prove that any injury or damage has been caused by another party and also allows us to give an approximate valuation based on the nature and extent of any injury sustained. It is not uncommon for additional medical testing to be necessary at the request of any opposing party to ensure that the condition has been genuinely caused and to ensure that the damage noted is accurate. This will vary from case to case depending on the nature of the injury, the nature of the opponent and any personal circumstances.
So long as the company in question had insurance to cover such injuries and that insurance company can be located then a claim can still be pursued. All employers are also legally bound to have registered for the Employers’ Liability (Compulsory Insurance) Act 1969, which provides that they would have been insured against the illness or injury of their employees. Cordus Law can look to contact those insurers for appropriate periods of employment to be located and pursued. In short, if a company is no longer trading this is not an automatic bar to bringing a claim and for that claim to be successful.
The “date of knowledge” means the time that you started to experience symptoms for your illness or injury, when it became significant, or when you thought that perhaps your employment had been the cause of your ill health. Ordinarily you would have three years from the date of knowledge of a significant injury to pursue a claim. This is complex area and we would strongly recommend that you speak to one of our team on such time limits, whether such time limits have already started to run and what steps need to be taken to protect your legal position. The Court does have the power to allow cases to proceed beyond this three-year period. Some diseases or illnesses can manifest years or decades after your employment ends. For example, this can be the the case with industrial hearing loss. If you have symptoms of an occupational illness or injury caused by your employment, it is best to seek advice from our experienced team who can advise further on how time limits may affect your case.
Cordus Law can only bring claims for parties injured in England and Wales. This does mean that if your injury or illness was caused in Scotland, for example, then a Scottish law firm would need to act on your behalf. If, however, you were employed by a Scottish company but the illness or injury was caused in England or Wales, then Cordus Law are more than happy and capable of acting on your behalf.
The ultimate resolution of claims such as these is to go to a trial and attend Court, however our lengthy experience suggests that less than 5% of cases go to an actual trial as most can be compromised significantly before the need for a trial arises. If you do have to go to court, Cordus Law will be there to support and guide you throughout that process.
Yes, especially if your condition or symptoms have taken many years to develop. Furthermore, by obtaining a schedule of employment from Her Majesty’s Revenue and Customs Service (HMRC), Cordus Law can get precise dates of employment and companies that employed any injured party.
No. You can still pursue any form of injury or disease claim against a previous employer subject to being within three years of that injury or illness coming to your attention.
No. You cannot be dismissed by an employer for bringing any form of injury or disease claim. By law, employers must have employers liability insurance. If you make a claim against your employer any compensation would be paid out of this insurance.