Personal Injury Claims Process
There are a lot of common questions that people have about making a personal injury claim have.
Below we’ve answered them so that you have all the information you need…
How long have I got to make a claim?
There is a set period of three years from the date of the accident for you to make an accident and injury claim.
This length of time is referred to as the ‘limitation period’. After the limitation period has passed, it is too late to then make a claim in all but exceptional personal injury cases.
For industrial disease based cases, such as the diseases related to asbestos exposure, then the limitation period of three years begins from when you are first diagnosed with the disease, or from when you first became aware that the illness could be linked to your exposure to asbestos.
How much compensation will I receive?
There is obviously no universal answer to this question, as compensation amounts depend on a number of factors. These include the severity of the injuries you have sustained and what impact they had on you financially.
When compensation awards are calculated a number of different things are taken into account, including independent medical evidence and specialist reports.
The amount you ultimately receive is also based on the level to which the injuries impact upon your life now and how they may go on to impact your future – especially in terms of your ability to work and earn. For more information on this read our claims payout guide.
Do I need a specialist accident and injury solicitor?
It isn’t necessarily a requirement to hire a personal injury solicitor, but it is recommended.
A specialist and professional solicitor will have a wealth of experience in working on – and winning – all types of personal injury claim. Therefore they are best placed to help you win the levels of compensation you are entitled to.
Can I make a personal injury claim for accident compensation or other work-related diseases?
If you believe that you have been injured due to the negligence of another, then you are entitled to make a claim for compensation – as long as you make your claim within the limitation period.
You can make a claim for the pain and suffering the injury caused you, along with any financial losses you incurred as a direct result of being unable to work.
With all forms of personal injury compensation claims, it is your (and your solicitors) responsibility to prove that the negligence of the third party was the cause of your injury or illness.
How to make a personal injury claim
First of all you will need to make sure you are eligible to make a personal injury claim. That basically means you:
were injured in an accident that wasn’t your fault in the last three years, OR
you have suffered some form of disease at work after being exposed to a harmful chemical or noise.
Once that has been established, and you believe the accident to be the direct result of negligence then you make a personal injury claim now.
In the majority of these cases, the injury is often caused as a result of someone else’s negligence. In those cases, the victims have a legal right to make a claim for compensation.
Although personal injury law can be a complicated area, with the help of our personal injury solicitors the personal injury claim process can be quite straightforward.
As part of our personal injury claim procedure our expert solicitors offer a free consultation and will be able to tell you if you have genuine case or not.
What will our solicitors need from you to start the personal injury claim process?
In order for our personal injury solicitors to assess your case they will need;
- the date of the accident
- the place of the accident
- details of the witnesses present; and
- the details of your injuries, including a medical diagnosis and treatment
As part of the personal injury claim process our solicitors may also need to see:
- proof of your loss of earnings and other financial expenses which are the result of your injury;
- documents relating to any insurance policies you have (such as household or motor insurance) to check whether these will cover the legal costs of your claim; and
- any documents that can be used to support your claim, including documents from before your accident or any evidence of previous accidents in similar circumstances.
Making your claim
The first step in making a personal injury claim is for our solicitors to send out a letter to the defendant (the person you hold responsible for your accident or injury). They can then find a specialist to help support your claim, such as a doctor who will carry out a local medical examination to assess the extent of your injuries.
We then wait for the defendant to respond to the claim and either accept liability or deny it. If the defendant accepts liability, then we can work on a settlement on your behalf without any need to attend court, the majority of personal injury claims are settled this way.
Making an offer
Our personal injury solicitors can advise you on the value of your compensation claim so we can then make a realistic offer to the defendant. Once you have decided on the minimum amount you’re happy to accept, we’ll send your offer to the defendant and wait for their response. This is known as a ‘Part 36 offer’. It’s possible that the defendant will respond with their own Part 36 offer, in which case our solicitors will be able to advise you what to do.
If the defendant isn’t willing to settle, the next course of action is to start court proceedings. Our solicitors can fight your case in court and try to ensure that you get a compensation settlement that you are happy with.
There are several ways for you to fund your personal injury claim with CL Legal. Our solicitors can work based around their hourly rates, alternatively that can provide no win no fee agreements. Contact us directly and we’ll be happy to discuss exactly how our fees work.
Covering your costs
Whilst there is no longer legal aid available for personal injury cases, your legal costs can be met through a no win no fee agreement. If you win your case then the defendant will be responsible for your legal costs, as well as the amount of your compensation.
When you hire us to work on your personal injury claim, we will be able to answer any questions or concerns you have related to cost. Some common questions our clients have are:
- How are the costs for a case calculated; and what is my case likely to cost?
- Do you offer a ‘no win, no fee‘ policy or is payment at a fixed rate?
- Who pays the legal fees if I lose my case?
- What are the options for funding my case?