5 Steps to Making a Personal Injury Claim

If you have suffered an injury, and someone else was to blame, you could make a personal injury claim.  The other party does not need to be entirely to blame for your accident, and you might be able to make a claim where you were in part responsible.

A personal injury claim may seem complicated, particularly if you are concerned about your physical and mental health, or your finances. However, bringing a claim might be easier than you think. In this article, we set out the five main stages of bringing a personal injury claim.

1.   Contact a personal injury solicitor

The first step is to contact a solicitor, who has the right experience. You may never have needed legal representation before, and choosing a personal injury solicitor may seem confusing.

The solicitor you choose should have experience in making personal injury claims, particularly in similar cases. Many solicitors offer a free initial consultation, so you can find out whether your claim is likely to be successful.  They might offer to work with you on a “no win, no fee” basis.

2.   Initial steps

Your solicitor will ask you about how the accident occurred, the injuries you sustained, and the financial losses you have incurred.  These losses might be loss of earnings, care costs, the cost of physiotherapy, or other medical treatment.

At this stage, sufficient information is obtained by your solicitor to put the Defendant on notice of your claim.  This is done by your solicitor either writing a letter of claim to the Defendant, or registering your claim on an online portal.

3.   The Response

After your solicitor has contacted the party responsible for your injury, a decision on liability should be made within a strict time frame. Liability may be denied, in which case court proceedings are then considered.  Alternatively, should liability be admitted, you may enter into a period of negotiation.

4.   Settlement or court action

If the parties cannot reach a settlement, or should liability be denied, then court proceedings shall need to be issued. Court proceedings are slow and might take several years to conclude. However, even though court proceedings have been issued, it is still open for the parties to reach a settlement at any time.  Many cases do reach an agreeable settlement after court proceedings have been issued.

5.   Payment of compensation or enforcement action

After you have negotiated a settlement, or obtained a court order, all that is left is for compensation to be paid.

Very occasionally, the party liable for compensation may fail to pay in the specified time period. Your legal representative may need to take further action to ensure the debt is enforced, and that you receive the compensation rightfully owed to you.

Led by Steve Webb our specialist Personal Injury team has had years of experience helping accident victims with their claims and can offer a free no-obligation initial evaluation of your case, and depending on your circumstances can offer no win no fee agreements to help you with your personal injury claim. To contact our Personal Injury team call 01206 574431 or by e-mail at info@tsplegal.com