Making a Claim for a Personal Injury

What happens during a personal injury claim?

The process of making a claim can feel less overwhelming when it’s broken down. These are the five key stages involved:

1. Your first consultation with your solicitor
   After you’re matched with a solicitor, they’ll speak to you about the details of your case and you may be asked to provide documents such as medical records and photos of your injuries. This will help your solicitor to assess how your accident has affected you, and what your claim could be worth.
2. Identifying who was responsible
   Before proceeding with your claim, your solicitor will need to work out who should be held responsible for your injuries. This could be an organisation – such as your employer – or an individual. But it will need to be proven that they failed in their duty of care towards you.
3. Reaching out to the other party (the defendant)
   When your solicitor has all the details of your case, they’ll contact the other side on your behalf. This will notify the defendant of your intention to submit a claim, and they will need to send a response either accepting or denying liability for your injuries.
4. Negotiating your compensation
   If the defendant accepts responsibility for your injuries, the next step will be to negotiate your compensation. But if liability is denied, your solicitor will need to gather further supporting evidence to present to the other side.
5. Settling your claim
   Most personal injury claims are settled outside of court, so it is unlikely that you’ll need to appear in a courtroom. Usually, a court hearing will only be needed if the other side continues to deny liability. But it is still possible for a settlement to be reached before your court date if one is scheduled.

How long does the personal injury claims process take?

As with any claim, how long it takes for your case to be settled will depend on a number of factors, including:

• The severity of your injuries
  If your injuries are more complex, it may not immediately be apparent what the impact on your life will be. Your solicitor might choose to wait until they know the full extent of your injuries before attempting to value your claim.
• Who your claim is against
  In some cases, it may take longer to identify who should be held responsible for your injuries. For example, if you were injured in a taxi, your solicitor would need to establish whether the claim should be made against the driver or the taxi company.
• Whether the other party accepts responsibility
  If the individual or organisation accused of causing your injuries denies liability, the claims process could be prolonged. This is because your solicitor will need to go away and build further evidence to support your case.

Personal injury claims can be unpredictable, which means it’s difficult to say exactly how long your case will take to settle. But once you’ve started your claim, there is no time limit on when it is resolved. So you won’t need to worry about missing any deadlines.

You can learn more about the timings surrounding these types of claims by reading our free guide.

Our No Win No Fee service

In England and Wales, personal injury claims can be covered by No Win No Fee agreements. This means you will only have to pay your solicitor a fee if you win your claim. And if you’re unsuccessful, you won’t have any legal fees to pay.

The rules are slightly different in Scotland, where No Win No Fee agreements can be applied to personal injury cases but not those involving medical negligence. It’s also worth noting that No Win No Fee arrangements are not permitted in Northern Ireland.

Our claims advisors can explain exactly how our No Win No Fee service works and answer any questions you may have, so you’re comfortable going forward.

To find out more, give us a call on the number at the top of the screen, request a callback or start your claim online through our website.

We’re here to help you work out your next steps, whenever you’re ready.