Dealing with any form of injury, whether physical or mental, can present multiple complications to your daily living, including decreased quality of life, loss of employment, and financial difficulties. However, the circumstances of your injury might offer you opportunities to claim compensation, which could ease the burden while you focus on your recovery.
The process of making a personal injury claim can at first seem complex and overwhelming, but it doesn’t have to be. We break down how it all works below.
Do you have a case?
Before pursuing your claim, you must have a grounded understanding of whether you are eligible to apply as not all injuries are representative of personal injuries and therefore will not stand up in court.
A personal injury claim is technically defined as the legal process of receiving compensation for an accident due to the fault of a third party resulting in an injury that has a long-lasting, negative impact on your daily life.
Common examples of personal injury claims are road accidents, slips and falls, and even medical malpractice.
Seeking legal representation
Once you are confident in your eligibility, the next step is to seek legal representation in the form of a personal injury solicitor. Their expertise and legal advice will be invaluable to give you the best chance of a positive result.
It is important that you choose the right solicitor for your case, ideally a specialist in personal injury claims. They will ensure that a medical evaluation of your injury is performed; its severity and your predicted rate of recovery will be important details to inform your case.
Pre-action protocol
Next, the claimant is required to send relevant medical evidence to the liable third party in a ‘letter of claim’ whereby the defendant will have 21 days to respond – this stage of the process is referred to as the pre-action protocol. Your solicitor will take the lead on this, so no need to worry.
Copies of the letter of claim will go to both the defendant and their insurance provider; it should provide accurate details of the incident itself and the injuries suffered, drawing on evidence from valid medical records.
Gathering Evidence
If the defendant denies liability (which doesn’t always happen), you’ll then have a period in which to gather more evidence to strengthen your case. This could include witness statements, photographs or interviews with those who have knowledge relevant to the incident.
Dependent on the nature and severity of your injuries, you might present evidence from your medical records from your GP or reports from specialist treatment that you may have had. Further evidence could come in the form of transport expenses to and from medical appointments, to demonstrate financial cost.
You will also be required to provide information on how the incident and/or injuries have impacted your daily life, such as not being able to work or decreased quality of life.
Settlement negotiation
The negotiation of settlement is the next stage, whereby the defendant is presented with the opportunity to settle the claim before going to court in the interest of reducing further legal fees. It is at this stage that your solicitor will advise you on your best options while negotiations with the defendant’s legal team are being discussed. Many personal injury claims are settled at this point but, if a settlement cannot be agreed upon, the claim is then taken to court.
Your solicitor will be on hand to explain every step of the process as it comes; taking the pressure of you to manage the claim is their job, so don’t be afraid to lean on them for support.
