What to expect from a personal injury claim
Personal injury can occur in the workplace, on the road, up in the sky, out at sea and come about due to medical negligence, to name but a few examples. These injuries can sometimes seriously affect an individual’s quality of life, and in a bid to ease some of the suffering and lighten the financial burden caused by the injury, making a personal injury claim has proven to be extremely beneficial.
If you believe you have been injured within the last three years and it wasn’t your fault, making a personal injury claim can help you on the road to recovery. Although compensation cannot alleviate physical suffering, it can assist with further medical treatment and help replace loss of earnings due to the inability to work, because of your injury.
So, you would like to make a personal injury claim, but don’t know what to expect? Contrary to popular belief, the process is straight forward and is carefully constructed to be as hassle and stress free for the client as possible, with a specialist no win no fee solicitor carrying out the majority of the paperwork and all legal proceedings. After a free, initial consultation over the phone with an expert adviser, a solicitor will go on to deem whether there is a substantial no win no fee claim or not. A no win no fee agreement does not hold the client responsible for any cost or fees relating to the claim, whether the case is won or not. If after careful assessment, and the claim is seen as valid, the client may be required to undergo a brief medical examination to evaluate the type and severity of the injury incurred. Following from this, the solicitor’s task is to establish who is responsible – who are the insurers and who will be liable to accept responsibility and pay damages. Subsequently, the gathering of evidence follows. If deemed necessary, the solicitor will instruct investigators, contact witnesses and other relevant figures to ensure the claim is supported by an appropriate body of evidence.
The next step is to make a list of the losses the client has been subjected to, and to establish immediate losses and damages. Damages may include items such as a car involved in the accident and losses caused by the injury itself with related treatment and medical care. It is also essential to establish whether further medical treatment is required. Once the investigations have ceased and the solicitor is satisfied with the body of evidence, it is time to present the claim and supporting evidence to the other side. The solicitor will negotiate and pertain to make a settlement on the client’s behalf, with the defendant. If this venture is unsuccessful outside of the courtroom, the solicitor will deal with the challenges and pursue the claim. If the defendant does not accept liability and refuses to negotiate towards an acceptable settlement or a settlement cannot be agreed, the claim may go to court. The client is represented during proceedings and if settlement is still contended, a judge may have to decide on the outcome.
In the event of a successful claim, either by negotiation with the defendant or a judge’s decision, the client will receive at least a minimum 75% of the compensation awarded. In the unlikely event that the case is unsuccessful, the client will not be liable for the solicitors fees.
If you have been injured in the last three years, and feel you have a relevant claim call 0800 0193 634 for a free, no obligation consultation with one of our specialist advisers or visit our personal injury compensation & personal injury claims page for more information.