Making A Personal Injury Claim

Many millions of human beings are injured in a variety of accidents every year. As a consequence, many people are entitled to claim compensation when fault lies with a particular individual or organisation.

 

The process for making claims can be complicated but with the help and guidance of a legal representative such as a Solicitor it can be handled successfully. Most legal representatives offer an initial consultation free of cost to potential clients so that they can outline a justifiable claim.

 

Locating A Suitable Solicitor

In the absence of a suitable legal representative and if you are unable find a solicitor then the Law Society can help – they can be contacted through their website or by telephone.

 

Discussions regarding the type and nature of the case, and how the costs are to be covered by both sides i.e. fixed fee or a no win no fee basis, defendants’/claimants costs and so on, these can be clarified with conversations with a Solicitor.

 

The following information is usually required by a Solicitor, such as:-

 

  • Full details of the accident, date, time, location, injuries, medical reports, witness statements / profiles / contact details

 

  • Understanding of the full impact of the accident related to loss of earnings, financial expenses occurred, insurance policies, etc

 

  • All recorded evidence of the incident (documents, pictures, videos, etc)

 

Once a Solicitor has all the core information then he can inform the client about the possibility of success and the amount of the compensation claim. He can also outline the procedure of the personal injury claim, timelines, potential costs, the legal representative who will be assigned to their case,

 

                   


The Process of Making A Claim

 

There are a number of steps to be undertaken:-

 

  1. Solicitor will send a letter outlining the details of the incident, injuries, circumstances, medical advice, expert opinion and indicating appropriate timelines for resolution, and whether they accept or deny liability. If they choose accept liability then they will try to settle the case out of court.

 

  1. Accepting or Refusing An Offer

The solicitor will clarify the value of their claim and expected compensation, and whether an ‘offer to settle’ should be made for their valuation (Part 36 Offer). In some circumstances the respondent may respond favourably to an offer and agree a specific amount which means the case can be settled out of court, otherwise the case will proceed to legal action.

 

  1. Legal Action

The case will proceed to court for claim of compensation if the matter is not resolved prior.

A judge will determine the outcome after hearing all the evidence during court proceedings.

 

  1. Solicitor Costs

There are a variety of methods for to fund a claim for compensation and the amount may vary depending upon the solicitor used, disbursements, and court timescales.

Legal Aid is no longer available but cases can be undertaken on a ‘no win no fee’ basis or funded by some insurance policies. However you must also consider the consequences of losing a case and potentially paying for your own and other solicitors costs. The full potential costs of the case should be known prior to proceeding and fully understood before embarking upon this journey.

 

Dr Ghulam S Ashraf – Content Writer for www.greenclaims.co.uk

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