Learn About The Personal Injury Claim Process
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Learn how the personal injury claim process works and how our solicitors could help you start your claim today.
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Learn About The Personal Injury Claim Process
100% No Win No Fee
Learn how the personal injury claim process works and how our solicitors could help you start your claim today.
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Everything You Need To Know About The Personal Injury Claim Process
Making a personal injury claim can seem overwhelming and daunting, particularly if you’ve not claimed before. Our expert solicitors have decades of experience advocating for our clients in personal injury claims, and are committed to achieving a suitable settlement that reflects the extent of pain, suffering and financial loss you have endured as a result of your personal injury.
The personal injury claim process can be confusing and is often complicated by legal jargon, making it difficult to understand. We have created this guide to explore what the personal injury claim process is, as well as discuss different types of evidence which can be used in your claim. We will then proceed to discuss how your compensation can be calculated and the negotiation stage of the claim process.
Keep reading to learn more about the personal injury claim process. You can also contact our advisors today with any questions you may have:
- Call on 0333 091 8598
- Use our live chat
- Contact us online
The Personal Injury Claim Process
The personal injury claim process begins with assessing an individual’s eligibility to claim. We can do this by considering whether the three elements of negligence are present in your claim. To prove that negligence has occurred, the following must be present:
- Someone owed you a duty of care
- They breached this duty
- Their breach led to your personal injury
There are various instances where you are owed a duty of care, such as in the workplace, on the roads, and in public places.
Once negligence has been established, the next stage of the process is to follow the Pre-Action Protocol. These are steps that must be fulfilled before any legal proceedings can begin. The purpose of these pre-action protocols in the personal injury claim process is to promote an open dialogue between the parties and discourage the need for litigation. The pre-action protocol encourages a discussion and negotiation between the two parties.
Contact our advisors today to see if you may have an eligible compensation claim and how one of our solicitors could help you.
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What Are The Pre-Action Protocols?
Typically, in the personal injury claim process, the Pre-Action Protocol is as follows:
- Letter of notification – this letter is used to notify the defendant that you plan to start a personal injury claim against them.
- Rehabilitation – the requirement for medical rehabilitation or treatment for the claimant is assessed.
- Letter of claim – this is a formal notification that a claim is being filed. It should outline the basis of the claim, any financial losses, as well as details of physical injuries and the incident itself.
- The Response – the defendant has 21 calendar days to respond to the letter of claim, and they then have 3 months from the date of acknowledgement of the letter to investigate the basis of the claim.
- Disclosure – this is where information is shared between both the claimant and the defendant.
- Experts – both parties at this stage can instruct expert witnesses, which can include medical experts, to provide testimony.
- Negotiations – here, if the defendant admits liability, a Part 36 offer can be made. Here, the claimant can agree on a settlement amount if they choose to do so.
- Alternative Dispute Resolution (ADR) – If both parties cannot reach an agreement, arbitration or mediation can be used to attempt to resolve the issues.
- Stocktake – If ADR has not worked for either party, the stocktake stage encourages both parties to reflect on the evidence and arguments to consider whether litigation can be avoided. If legal proceedings cannot be avoided, then both sides must try to narrow their arguments as much as possible.
If you have any questions about the personal injury claim process you can contact our advisors.
Gathering The Evidence That Is Needed To Determine Fault
Evidence in the personal injury claim process can help to strengthen the basis of your claim, as it helps to explain how the negligence led to your injuries. Your evidence could contain:
- CCTV or dashcam footage if the accident was captured on camera
- Details of the event, including time and place
- Photos of the scene
- Any police reports if they were contacted
- Details of any potential witnesses so a No Win No Fee solicitor can obtain a statement at a later stage
We can help you obtain this evidence, so please don’t worry if you haven’t already compiled this information. We understand that initiating a claim can be a difficult and challenging process. That’s why our team is here to help through every step of your claim.
Contact us today to learn more about non-medical evidence in personal injury claims.
Assessing The Extent Of Your Injuries
When making a personal injury claim, you will also need medical evidence to help assess the extent of your injuries. Forms of medical evidence could include:
- GP records or medical records
- Correspondence with medical professionals
- Photographs or journal entries of your injuries to demonstrate the pain and the suffering caused by your injuries
- Copies of any prescriptions you’ve been prescribed
- Evidence of any rehabilitation or physiotherapy you have needed
- The findings from an independent medical examination
To learn more about what evidence would be useful in your claim, contact us today. Our advisors are available to answer any questions you might have about the personal injury claim process.
Establishing Your Compensation Settlement
When you compensation settlement is being established, legal professionals will consider two heads of claim: general and special damages.
Your general damages are for the physical or psychological impact of your personal injury; they can also consider the effect your injury might’ve had on your quality of life or ability to enjoy hobbies. This type of compensation aims to compensate you for:
- Pain
- Suffering
- Loss of amenity
Please use our compensation calculator below to get a compensation estimate. The figures used have been taken from the Judicial College Guidelines (JCG), a document that publishes suggested compensation brackets for various kinds of injuries.
Compensation Bracket: 0.00
What Are Special Damages?
Your special damages are for the financial impact of your injury. This can include:
- Loss of earnings
- Medical costs
- Care costs
- Travel costs
But in order for you to claim these damages in the personal injury claim process, you will need evidence which will help to demonstrate how the negligence led to your financial losses. This can be:
- Payslips to show loss of earnings
- Medical invoices
- Receipts from care costs
- Travel receipts
If you have any questions about how compensation is calculated in personal injury claims, you can contact our advisors.
Offer Of Compensation
An offer of compensation is sometimes referred to as a Part 36 agreement, where either party can put forward an offer of compensation. There are a few rules which must be followed when an offer is made:
- The offer must be in writing.
- State whether the offer relates to the whole claim or part of the claim
- State whether it considers any counterclaim at all
A part 36 offer can be made at any time, including before proceedings begin. It is essential to note here that by accepting a Part 36 offer, you cannot continue to claim for the personal injury, even if your condition worsens.
During this phase of your claim, the settlement amount can be discussed and negotiated, and multiple offers can be put forth after debate.
Will You Have To Go To Court?
Many personal injury claims can be settled without the need for a court appearance. Attending court can be time-consuming and costly for both parties. Of course, this is in neither party’s interest, as court proceedings can also take a long time to settle. That’s why our solicitors will do everything in their power to ensure that you receive a fair settlement offer as promptly as possible.
Even if your claim was to go to court, our solicitors are specialised and have advocated for claimants for decades; they would keep you updated throughout the process and ensure they provide clear and concise information about your court claim if needed.
If you have any questions, please don’t hesitate to contact our team, who will be happy to assist you.
Receive Your Payment
You may be wondering how you would receive your payment in a successful personal injury claim. This is dependent on several factors, including whether you have received interim payments during your claim, as these would be deducted from your payout.
Your compensation can be paid as a lump sum, all in one single payment, or may be paid in instalments, depending on the amount of compensation awarded to you.
The timeframe for receiving your payment depends on whether a Part 36 offer of compensation is accepted or whether the case will proceed to litigation. If a suitable settlement is reached, it can take a few weeks for you to receive payment.
However, if your claim process reaches the courts, the timeline for payment will be set by the judge. This could be 21 days from the date of the agreed settlement, for example.
Contact our advisors today to discuss your personal injury claim.
How No Win No Fee Solicitors Co Can Help You
Here at No Win No Fee Solicitors Co, our solicitors are specialists in personal injury claims. By choosing to work with us, you can expect personalised support to ensure that you receive clear and concise legal advice.
A few benefits of working with us at No Win No Fee Solicitors Co can include:
- Regular case updates
- Explanations of the process and legal language
- Make sure your claim is started within the time limit
- Gathering evidence to strengthen your claim
- Acting in your best interests to achieve a successful outcome
Our solicitors work on a No Win No Fee basis under a Conditional Fee Agreement. What this means is that you wouldn’t have to pay for our solicitors’ services at the beginning or during your personal injury claim process.
If your claim were successful, a success fee will be taken by your solicitor. The percentage of this fee is capped by the Conditional Fee Agreements Order 2013 to ensure you receive the majority of your compensation.
Whereas, if your claim were unsuccessful, you wouldn’t be expected to pay a penny for the services your solicitor has provided.
If you have any questions about how a No Win No Fee solicitor of ours could benefit you, call us today to learn more.
Contact Us To Start Your Personal Injury Claim
- Call on 0333 091 8598
- Use our live chat
- Contact us online
More Information
Why not read our other guides about:
- Claiming for Psychological damage
- How to make a burn injury claim
- Slip trip and fall claims
Helpful External Resources
- How to claim Statutory Sick Pay from GOV.UK
- When to call 999 from the NHS
- First aid information from the NHS
Thank you for reading our guide on the personal injury claim process.
