Suing

Before you start, you should consider what it is that you want to achieve, as many people just want an apology or an assurance that something which went wrong is put right in the interests of others. There may be better ways of achieving these aims, like making a complaint rather than suing.

When can I make a claim?

It’s important to remember that the amount of your claim has to be large enough to be worth the legal costs, so minor injury or loss is unlikely to justify investigating a claim, which can be very costly.

There also has to be a good legal basis for the claim. A solicitor with the right expertise will have to assess your case on the basis of the legal and medical issues, how much compensation might be available and any other relevant information before deciding whether it’s worth starting the case.

Claims usually have to start within three years of the incident which caused the loss or injury, or from when you first realised that you had suffered an injury, but there are circumstances in which this time limit can be disregarded.

Most cases cost thousands of pounds so many people need help to pay the legal costs through public funding (previously known as Legal Aid). It’s worth checking whether you have an insurance policy to cover this, perhaps through your household insurance. Some people have used ‘conditional fee’ agreements, which means you don’t pay the solicitor unless the case is successful. The court may order the organisation which you sued to pay all the legal costs.