The Initial Legal Process of a Personal Injury Claim

Any injury is concerning. A serious injury is more concerning than a minor one – especially with the prospect of taking a substantial period of time off work. If you’ve found yourself in an uncomfortable situation such as this, then personal injury compensation is there to help you.

Calculating the worth of any claim is not an exact science. Each claim is judged on its individual merits. If you’ve found yourself incapacitated, requiring surgery, with a prolonged recuperation period of time then compensation is essential – how much compensation is another matter.

Over three million people are injured in accidents every year. At home, work, in their cars or outdoors, injuries can befall you at any time. If you’re not at fault then you may be entitled to compensation.

Personal injury law is complicated however with the help of a solicitor the process of making a claim can be as painless as possible.

How to Find a Solicitor

If you don’t have a solicitor then you can find one at: www.lawsociety.org/find-a-solicitor. A simple search under ‘Personal Injury’ will direct you to a list of solicitors that will be able to help you.

How a Solicitor Can Help

Once you’ve explained the circumstances of your accident to your solicitor he or she will be able to judge the chances that your case has for success and how much you’re likely to receive in compensation. Once these factors have been established they will discuss how you intend to fund your case. Once covered, a solicitor will send you a letter to confirm the logistics of the claim. This letter will include the following information:

  • That the solicitor is happy to take your case on
  • How long the process is likely to take, and progress reports
  • How the case is being funded, an estimate of the costs and any agreed spending limits
  • Information about the payment structure to the solicitor
  • What to do if you’re unhappy with the progress of your case

Making a Claim

Your solicitor will send a letter on your behalf to the defendant. They will ask you what level of compensation you’re prepared to accept. You will also need to provide evidence of your injury – the testimony of a medical professional will be required.

The defendant will then undertake their own investigation. This will be completed in a fixed period of time – usually no more than three months. Their reply will say whether they accept or deny liability for the injury. If liability is accepted then a solicitor will attempt to settle the matter out of court.

On the other hand, if the matter cannot be settled, a solicitor will advise you whether to start legal action. If the defendant refuses to accept liability then your solicitor may challenge the decision.

If you’ve suffered in injury in the workplace and are entitled to compensation, the legal process can be a drawn-out one. Just as each set of circumstances are different, so too are individual claims. If you’re unsure of anything surrounding your claim then always seek professional advice.