The Personal Injury Claim Process
We explain the personal injury claim process and the types of claims you could make.
100% No Win No Fee
The Personal Injury Claim Process
We explain the personal injury claim process and the types of claims you could make.
Do you know what to do if you’re injured in an accident caused by somebody else? Would you know where to start if you wanted to claim compensation, for example? Well, with so much conflicting information out there, it’s easy to feel unsure about what steps to take, how long things might take or how much compensation you could receive. Therefore, we’ve written this guide to explain the personal injury claims process.
You’ll find out what’s involved at each stage, from making your initial enquiry to understanding how claims are settled. If you want clear answers and confidence in what comes next, Please keep reading. Alternatively, you can get in touch by calling 0330 043 2925 or completing our Contact Us form.
We Can Help With All Types Of Accidents
Whether you’ve suffered an injury in an accident at work, because of medical negligence or you’ve been involved in a car crash, we are here to help you seek compensation for your suffering.
Understanding the Personal Injury Claim Process
Understanding the personal injury claim process may help if you decide to pursue compensation after being injured due to someone else’s possible negligence. This process often follows a series of steps, which could include:
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Checking eligibility, where a solicitor might review accident details to suggest if you could make a claim
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Gathering evidence, such as witness statements or accident reports, that a solicitor could obtain on your behalf
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Requesting medical records or assessments that could show the impact of your injuries
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Sending a formal claim notification to the party you believe was at fault, to start negotiations
Timeframes in the process can differ based on case complexity, and a solicitor from our panel could advise if alternative dispute resolution or court proceedings might suit your situation.
If you’re thinking about starting the personal injury claim process, why not ask a member of our team about your options and next steps?
Different Types Of Personal Injury Claims
Different personal injury claim processes could apply depending on where and how an accident happened. Main claim types may include:
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Accidents at Work: Claims could arise if employers breach their duty of care under the Health and Safety at Work etc. Act 1974. Examples include slips in warehouses or injuries from faulty machinery.
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Road Traffic Accidents: Claims may result from collisions involving cars, motorcycles or bicycles. Whiplash, fractures or cuts might be claimed, with minor injuries like whiplash explained further at the NHS website.
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Public Liability Claims: These claims might arise from accidents in public places such as shops or parks, involving hazards like wet floors or damaged pavements. Local councils or businesses could be responsible.
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Serious Injury Claims: Severe injuries like head trauma or spinal damage may lead to complex claims, often requiring in-depth evidence and prolonged support.
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Other Claims: Examples include accidents on public transport or injuries caused by defective products.
Each of these routes through the personal injury claim process may have different requirements and potential outcomes. If you want guidance on which route fits your circumstances, please ask a member of our team about your options and find out more about how we could assist.
Key Steps in a Personal Injury Claim
Each stage of the personal injury claim process could help shape the success of your case. Knowing what to expect at each point may simplify your journey toward possible compensation.
Initial Assessment and Evidence Gathering
The first step in the personal injury claim process may involve an initial assessment with a solicitor from our panel. During this stage, a solicitor could:
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Review details of the accident
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Evaluate your prospects for success
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Gather relevant evidence such as medical records, photographs, accident reports, and statements from witnesses
If your claim proceeds, it’s worth remembering that your solicitor will manage all aspects for you. Therefore, you won’t need to navigate the complexities of the claims process alone.
Notifying the Responsible Party
A solicitor could notify the party who may be responsible for your injury, also known as the defendant. This often involves:
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Sending a formal letter of claim
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Outlining the basics of your case and any losses
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Allowing the party a period (usually 14 days) to respond under the Pre-Action Protocol for Personal Injury Claims
If you work with a solicitor from our panel, they’ll ensure that paperwork relating to your claim is filed on time to avoid any delays in the claims process.
Negotiating a Settlement
Once liability is addressed, both sides could try to agree on a settlement. A solicitor from our panel may:
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Review any settlement offer with you
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Negotiate with the defendant’s insurance company
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Seek to secure compensation for losses like lost earnings or treatment
Usually, it’s not a good idea to accept the first settlement offer made by an insurance provider as they often undervalue your suffering. Therefore, it may be a wise idea to let a specialist solicitor handle negotiations during the personal injury claims process.
Navigating Legal Procedures
Navigating legal procedures in the personal injury claim process can appear complex, especially when facing unfamiliar rules and timescales. Solicitors from our panel may guide you through each stage, streamlining your claim.
The Role of Solicitors and Legal Advice
Solicitors from our panel could play a key role in your personal injury claim process by:
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Assessing eligibility by reviewing accident details
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Gathering evidence, such as medical records or witness accounts
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Providing guidance on laws and your claim’s potential
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Negotiating with insurance companies to secure compensation
If you’re considering the personal injury claim process, please get in touch to discuss how a solicitor from our panel could support you.
Court Proceedings and Timelines
Court proceedings in the personal injury claim process could start if parties cannot agree on liability or compensation. In our experience, however, this is quite rare as most claims are settled out-of-court. Timelines may vary:
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Straightforward cases could settle in a few weeks
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Complex claims, such as those involving brain injuries, may extend beyond a year
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Cases may progress to trial if pre-court negotiation fails
For more advice about timings and the potential for your personal injury claim process to go to court, why not ask a member of our team?
We Can Help You Get The Compensation And Justice You're Entitled To
We Can Help You Get The Compensation And Justice You're Entitled To
Common Challenges and How to Overcome Them
Navigating the personal injury claim process may present challenges that could slow down or complicate your case. Common issues include:
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Insufficient Evidence: Missing or unclear medical records, absence of witness statements, or lack of photographic evidence might weaken a case. A solicitor could help gather comprehensive evidence, including medical documentation relating to injuries, and statements from people who saw the accident.
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Disputed Liability: The responsible party or their insurer may deny fault, which can delay your personal injury claim or reduce compensation. A solicitor from our panel could advise on countering this with expert reports or accident reconstruction specialists.
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Delays in Communication: Insurance companies and other parties may take extended periods to respond. A solicitor could manage correspondence on your behalf and advise on progress, keeping your case on track.
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Complex Legal Requirements: Compliance with protocols, such as the Limitation Act 1980, may appear daunting. A solicitor could ensure your claim is issued within statutory deadlines.
If you’re facing any of these challenges during your personal injury claim process, why not ask a member of our team for tailored advice and support on overcoming them?
How No Win No Fee Personal Injury Claims Work
No Win No Fee agreements, called Conditional Fee Agreements (CFAs), could provide a way to make a personal injury claim process without paying legal fees upfront. Under a No Win No Fee arrangement, legal fees might only be deducted if the claim succeeds. If the claim doesn’t succeed, you typically wouldn’t pay your solicitor’s fees.
Key features may include:
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No upfront payments for legal services
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No legal fees to pay if the case is lost
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Payment of a success fee from compensation if the claim is successful (capped at 25%)
A solicitor from our panel could assess your case, explain the likely costs, and handle negotiations on your behalf. You may wish to consider a No Win No Fee arrangement if you have clear evidence of another party’s fault.
Why not call today to check if you could start a No Win No Fee personal injury claim?
Contact Our Team For Free Advice Today
You could discuss your personal injury claim process with a trained advisor for no-obligation guidance at any stage of your case. A member of our team can outline your options and suggest how a solicitor from our panel could support your next steps. Typical free support may include:
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Checking if you could start a claim
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Reviewing any evidence you have collected
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Explaining how No Win No Fee agreements might apply to your circumstances
To find out more about the personal injury claims process, please call 0330 043 2925 or complete our Contact Us form today.
Contact Us
If you’d like to enquire to see if you can make a compensation claim, please complete the form here. We’ll get back in touch with you as soon as we can.
