At First Personal Injury, we are often asked to explain the legal claims process and so we have outlined the main steps that are involved.
Some cases can deviate from the normal process if there are legal or medical complexities involved. However, these general guidelines apply to most personal injury claims.
Step by Step Guide to the Personal Injury Claims Process
Firstly, you should report the accident to the relevant authority as soon as possible. This could be your employer, the local council or a medical authority depending upon the nature of your injury.
You should seek legal advice as soon as possible. There is normally a three-year time limit, beginning at the date of your injury, within which you can start the claims process. Also, it is more likely that the event will remain fresh in your mind the earlier you start. Therefore, you are less likely to forget important facts that can help win your case.
There are different fee structures that personal injury lawyers can use. Many use the ‘no win, no fee’ system. Therefore, it is important that you find out which system works best for you and your circumstances.
The most crucial part to winning a case is proving that blame can be attributed to the other party involved. If it cannot be proven, then you will not have a case. Therefore, it is useful to collect and store any evidence you might have, such as photographs, which can help to prove this.
A personal injury solicitor will give you help and advice in gathering information to help make your claim a success. This might include photos of the accident scene, doctor’s notes and medical record as well as witness statements.
Your solicitor will write a letter to the defendant detailing the specific information about your injury as well as your claim along with any supporting evidence.
A reply from the other party involved in the case must be received within a certain time period, usually under three months. The reply must state whether or not liability is accepted
How much compensation you can expect to receive based upon your circumstances will be discussed with you and your solicitor. You will also need to discuss the lowest level you would be willing to accept. Your solicitor will advise you of what is a reasonable expectation based upon previous cases. In some cases, you can make ‘an offer to settle’ if your solicitor advises you to do so.
The defendant may accept your offer and the case will probably not have to go to court.
If you cannot agree on a settlement, then you may have to be advised to take the case to court instead.
If so, you will wait to receive a court date for your hearing. Your solicitor will take care of these details and as well as the presentation of your argument in preparation.
If you have any further questions please don’t hesitate to contact our team who will be happy to assist you.
Making Personal Injury Claims
If you have been injured in an accident that wasn’t your fault, you may be entitled to compensation. First Personal Injury solicitors are available to assist you and ensure that you get the compensation you deserve.
First Personal Injury work with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation after an accident or injury.
To learn more or to start your claim, get in touch with our expert team on 0800 808 9740 or contact us online.
*Please note – With regards to No Win No Fee - In limited circumstances, fees may be charged when your accident claim is not successful. These specific limited circumstances will be explained to you by your Solicitor.
The Citizen's Advice Bureau says it's our "civil and legal right" to make an accident claim. But 69% of us don't make an accident claim. Don't miss out on what's rightfully yours.
First Personal Injury is a trading name of Jefferies Solicitors Limited. Jefferies Solicitors is a limited company registered in England and Wales under registered number - 07451340.
Authorised & regulated by the Solicitors Regulation Authority and subject to the Solicitor's Code of Conduct details of which can be found at https://www.sra.org.uk/solicitors/standards-regulations/. (SRA number 554864)
Head Office: Jefferies Solicitors (trading as) First Personal Injury, The Triangle, 8 Cross Street, Altrincham, Cheshire, WA14 1EQ - 0161 908 5100
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