The Personal Injury Claim Process Explained

The personal injury claim process involves seeking compensation for injuries caused by a third party’s negligence through a structured legal procedure. Key steps often involve hiring a solicitor, proving that a third party was responsible, obtaining evidence of your injuries and pursuing compensation for the harm you suffered, as well as any financial losses including lost earnings and medical expenses. Personal injury compensation will be assessed uniquely, considering the severity of your injuries, your recovery period, the impact on your life and monetary losses you suffered as a result.

At Accident Claims, our advisors are here to help you through this challenging time. We understand that the thought of starting a compensation claim can be a daunting prospect, which is why we’re committed to making the process as easy as possible. Through the free services that we offer, you could enjoy helpful advice and a free eligibility check to assess the strengths and weaknesses of your case. Following this, you could be connected with one of our expert personal injury solicitors to get your claim started. On a No Win No Fee basis, you could enjoy regular updates about your claim as it moves through the stages.

To learn more about the personal injury claim process, please feel free to get in touch with our advisory team today:

• Call us on 0800 073 8801
• Contact us online by completing our form
• Use our free live chat feature

What Is The Personal Injury Claim Process?

1. Seeking Expert Medical Attention For Injuries
2. Seeking Legal Advice From A Personal Injury Solicitor
3. Working Out Who Is Liable For The Accident
4. Gathering The Initial Information For The Claim
5. Calculating The Value Of Your Personal Injury Compensation
6. Getting You The Help You Need With Recovery
7. Negotiation And Finalising The Claim
8. Receiving Your Compensation After Your Injuries
9. Claiming For A Personal Injury With Accident Claims
10. Learn More

Seeking Expert Medical Attention For Injuries

Following an accident, seeking medical attention for your injuries is not only critical for your recovery but also for providing the necessary evidence to pursue a personal injury claim. For instance, you could seek immediate medical attention from an A&E, your GP, or an urgent care clinic to get the right help for your injuries. In doing this, you will also be creating official medical records of the incident, including details about the extent of your injuries and suggested treatments.

If you’re connected with one of our expert solicitors, you could also be referred for a medical assessment with a specialist. From this assessment, an independent report will be created which can be relied upon as vital evidence during your personal injury claim. As such, a medical professional will assess the full extent of your injuries, your pain levels, links to the accident and, importantly, your future prognosis. Receiving a prognosis for your injuries will therefore allow your solicitor to assess your compensation to the full extent, factoring in any long-term suffering and disabilities.

To discover more about independent medical assessments, please feel free to contact one of our friendly advisors today.

Seeking Legal Advice From A Personal Injury Solicitor

Before starting the personal injury claim process, it’s vital that you seek legal advice from a solicitor before proceeding. A solicitor who specialises in personal injury claims will have experience in securing successful settlements, and can therefore advise about the merits of your claim. Moreover, a personal injury solicitor could help to navigate complex legal issues that you may not be able to confront yourself. Further to this, a personal injury solicitor could assess the strengths and weaknesses of your case in detail, advising on what evidence should be relied upon to prove liability. In doing this, a personal injury solicitor could help to maximise your compensation payout, ensuring details such as financial losses and a long recovery period are not ignored.

Legal advice from a personal injury solicitor could also help you decide whether a claim is worth pursuing at all, and could save you time in the long run.

To learn if you could be connected with one of our dedicated personal injury solicitors today, please contact our team.

Working Out Who Is Liable For The Accident

Working out who is liable for an accident typically involves determining which party breached their duty of care, usually by a negligent act or omission. Depending on where the accident occurred, investigations will be made to determine if a third party failed to ensure your safety, resulting in an accident and subsequent injuries. For instance:

• In road traffic accidents, solicitors and insurers will use established rules such as the Highway Code to determine fault. All road users must navigate the roads in a manner that avoids harm to themselves and others, and so a failure to do this could amount to negligence. Examples of this could include dangerous driving and merging lanes without checking.
• In public liability claims, liability generally lies with the owner of a public space, whether it be a shop, supermarket or fairground. As such, owners or occupiers have a duty to take reasonable steps to protect visitors from coming to harm. A failure to do this, such as not fixing broken pavement or not cleaning spills, could amount to negligence if an injury occurs as a result.
• In accident at work claims, liability generally lies with the employer to take reasonably practicable steps to ensure the health and safety of staff. A failure to do this could amount to negligence if it resulted in injuries, such as inadequate work equipment or failing to provide training sessions.

When starting a claim , the onus is on you to prove the third party’s liability. As such, a solicitor will assess the merits of your case, including evidence that shows the fault of the third party.

One of our advisors can listen to the circumstances of your accident and assess whether your claim could have merit. Get in touch today.

Gathering The Initial Information For The Claim

Gathering the initial information for a personal injury claim is essential for building strong evidence. Generally, evidence should be obtained as early as possible so that details are not forgotten or erased. As such, please see the following forms of initial evidence you could gather after an accident:

• The exact incident details, including the date, time, precise location and a detailed description of how the event occurred.
• The names, contact details, and insurance details if applicable of all parties involved in the accident. In road traffic accidents, you should also obtain vehicle make, model and registration details.
• The contact information of any potential witnesses or bystanders to the accident.
• Photographs of the accident scene and of any visible injuries. Helpful photographs may also include the evident risks or dangers that caused the accident.
• Dash-cam or CCTV footage of the incident. This should be requested immediately before it is deleted.
• Police incident reports or employer/public accident book entries where the incident is recorded.
• A copy of your medical records. If you sought medical treatment for your injuries, this can provide helpful evidence to show the extent of your pain and suffering.

If you’re connected with one of our specialist personal injury solicitors, they could help to gather evidence on your behalf. To discover more about evidence-gathering, please feel free to contact our team today.

Calculating The Value Of Your Personal Injury Compensation

When calculating the value of your personal injury compensation, a solicitor will assess the severity of your injuries, your recovery, the impact on your life, daily activities and any financial losses you suffered.

In successful claims, general damages will be awarded for the physical and mental pain and suffering you experienced. Using medical evidence and a copy of the Judicial College Guidelines (JCG), general damages will be assessed by a solicitor. Critically, the JCG is a popular publication among legal professionals as it contains compensation guidelines for a variety of injuries.

Please note that each injury and its effect is unique, and therefore general damages will be calculated on a case-by-case basis. Additionally, if you suffered more than one injury in the accident, each of these can be considered as part of your claim.

To learn more about general damages compensation, please contact one of our advisors today.

 

Getting You The Help You Need With Recovery

Following an accident, you should prioritise your health and wellbeing, whether it be attending private medical appointments, physiotherapy, or counselling sessions. If you’re awarded special damages, you could receive compensation for monetary losses you may have endured from your injuries.

Examples of special damages can include the following:

• Lost earnings from time off work due to your injuries. This can encompass a loss of future income, bonuses, overtime pay and workplace benefits.
• Private medical consultations, prescriptions for painkillers, bandages, ligament support and ointments.
• Physiotherapy and occupational therapy costs to aid physical and mental injuries.
• Home adaptations to accommodate permanent injuries. This can include chairlifts, new handles, hoists, ramps and wet rooms.
• Damaged personal property from the accident, including clothing, electronic items and glasses.
• The cost of vocational retraining if your injuries left you unable to perform your job.
• Care costs, whether professional or from loved ones. This may be necessary for help with cleaning, cooking, nursing and dressing if your injuries left you unable to do so.
• Fuel or public transportation costs from travelling to and from medical appointments. This may also encompass parking fees from visits to clinics and hospitals.

Please note that special damages must be evidenced via the following:

• Invoices
• Receipts
• Payslips
• Bank statements

If you haven’t already done so, our solicitors could connect you with expert physiotherapists or therapists to aid any ongoing injuries whilst your claim progresses.

Can Early Compensation Payouts Be Awarded?

Yes, early compensation payouts can be awarded in the form of interim payments. Throughout the personal injury claim process, partial payments can be awarded to help cover urgent costs for special damages, such as private medical appointments or lost income.

As advance payments of the total compensation, interim payments can help claimants in financial need. As such, early compensation payouts can be awarded by the court, provided that:

• The defendant has already admitted liability for the accident, or;
• Your claim has high chances of success.

To discover more about interim payments, please get in touch with one of our friendly advisors today.

Negotiation And Finalising The Claim

Negotiation and finalising a claim often involves exchanging offers back and forth between parties, supporting demands with evidence and formalising agreements to ensure they’re legally binding.

For instance, once liability has been admitted for your accident and injuries, your solicitor will negotiate with the defendant over how much you should be awarded. If an offer is received from the defendant, your solicitor will meticulously review it to ensure that it covers the whole scope of your pain, suffering and financial losses. Therefore, if the offer is too low, your solicitor will make a counter-offer using evidence to explain why you deserve a higher amount.

Once an offer has been accepted, it is typically put into writing to create a formal settlement agreement, ensuring that it’s legally binding. Once signed, the claim cannot be reopened and will often waive your right to bring any future claims related to the same incident.

Will A Personal Injury Claim End Up In Court?

It is unlikely that a personal injury claim will end up in court as most cases settle before trial. Moreover, most parties prefer to settle out of court as trials can be time-consuming, expensive and unnecessary. Furthermore, the UK legal system requires parties to follow the strict Pre Action Protocol designed to promote early settlements through methods of dispute resolution.

If you’re connected with one of our specialist solicitors, they will do everything they can to avoid issuing court proceedings. However, it could be necessary in certain circumstances.

In rare cases, a personal injury claim could end up in court if:

• The defendant refuses to admit liability for the accident or your injuries
• The party you’re claiming against does not engage with the process
• A settlement that cannot be agreed upon that exhibits your level of pain and suffering.

How Long Until A Compensation Claim Is Settled?

Compensation claims can take anything from a few months to a few years to reach settlement. That being said, please see the following factors that could influence the length of your claim:

• The severity of your injuries
• The length of your prognosis period
• The extent of your financial losses
• The overall impact on your quality of life and daily activities
• If the defendant denies fault for the incident
• If the defendant makes consistent offers that are too low to be accepted
• The overall cooperation of the defendant
• If court proceedings are issued

To talk about any concerns regarding the length of your claim, please contact our advisory team today.

Receiving Your Compensation After Your Injuries

After an out-of-court settlement is reached between both parties, compensation is typically paid within 14-28 days. For a court-ordered settlement, compensation will be paid out within 21 days of the agreement.

Generally, funds will be transferred to your solicitor’s client account from the defendant. Following this, your solicitor will transfer it to your personal bank account.

To discover more about the personal injury claim process and receiving compensation, please get in touch with our advisors today.

Claiming For A Personal Injury With Accident Claims

At Accident Claims, our solicitors are experts in securing successful personal injury settlements. By prioritising your health and recovery, you could receive personalised support throughout the personal injury claim process.

Why Choose Accident Claims’ Solicitors?

You should choose Accident Claims’ solicitors due to their high level of expertise and specialism in accidents at work, public liability claims and road traffic incidents. If you’re connected with one of our dedicated solicitors, you could enjoy:

• Expert advice on personal injury claims that adheres to confidentiality rules
• Putting you in contact with the help you need, whether it be physiotherapists, counsellors or occupational therapists.
• Consistent updates about your case so you’re never left wondering where it stands.
• Explanations of key legal terminologies to give you a full understanding of the personal injury claim process.
• Helping you apply for interim payments.
• Arranging an independent medical assessment to support the injuries you sustained.
• Assistance with evidence-gathering, such as gathering official records of your medical history, accident books or CCTV footage.

Claiming With Accident Claims On A No Win No Fee Basis

At Accident Claims, our experienced No Win No Fee solicitors work under a Conditional Fee Agreement (CFA). As such, you could experience:

• No solicitor service fees at the beginning of your case, as it progresses, or in the event that it’s unsuccessful.
• If the outcome of your case is successful, you will be required to pay a success fee to your solicitor. This fee is a percentage, capped by law and taken from your compensation, so you’ll enjoy the bulk of the amount.

Contact Our Solicitors To Begin

To discover how our solicitors could help you through the personal injury claim process, please contact one of our advisors today:

• Call us on 0800 073 8801
• Contact us online by completing our form
• Use our free live chat feature

Learn More

For more information about personal injury claims, please see some of our other guides:

• Guidance on making a hand injury compensation claim
• Information about the limitation period for personal injury claims
• See the following advice about making neck injury claims

Additional external resources:

• See the following advice on how to get help for your symptoms from the NHS
• Learn about manual handling at work from the Health and Safety Executive
• Get help with statutory leave and time off work from Gov.UK

Thanks for reading our helpful guide about the personal injury claim process.