If you been injured in an accident that was someone else’s fault, then it is your legal right to seek financial compensation. To do so, it is recommended that you enlist the help of an experienced personal injury solicitor to act on your behalf. But, many people are put off of making a claim because they are unsure of what the personal injury process entails.
Explaining the personal injury claims process
Here’s a step-by-step guide to how the process for personal injury claims works:
- You contact a law firm to discuss your case with an experienced claims advisor. You will be given valuable information about your claim, including your eligibility.
- You decide whether or not to proceed with a claim. If you choose to proceed, the law firm will put you in touch with a solicitor who has handled similar cases to yours.
- You will sign a conditional fee agreement, otherwise known as a no win, no fee agreement.
- Your solicitor will begin building a strong case on your behalf. This will involve collecting evidence and co-ordinating medical examinations to prove your injuries.
- Your case will be presented to the other party. It can take 6-12 months for the other party to respond. A claim may be accepted or rejected.
- Your claim is accepted – you get a cheque. If your claim is rejected, then your solicitor will work to further strengthen your case and present it to the defendant.
- If your claim is rejected again, your claim may go to court. This can also occur if a Part 36, or out-of-court settlement figure, is rejected by you.
- A court hearing date will be set. It is unlikely you will have to attend court.
For the vast majority of claims, the above process is simplified to the following:
- Make contact with a law firm, proceed with claim.
- Discuss your case with a solicitor.
- Attend a medical examination.
- Wait 6-12 months.
- Receive a cheque in the post.
It’s rare for claims to be contested if a strong case has been built, and even rarer for personal injury claims to go to court. Claims only really go to court if the claim value is for a substantial amount of money, such was the case for the £23 million awarded to a girl aged 17 who suffered horrific lifelong injuries in a road traffic accident in 2012. Most claims are very straight-forward and an experienced solicitor will do all of the leg work for you – your own involvement will largely be confined to attending a medical examination.
So if you are worried about what the personal injury claims process entails – don’t be; it really is simple and your solicitor will do all of the work for you.