Personal Injury Claims Process

It can be daunting contacting a personal injury solicitor and discussing your private health matters with a stranger. You may be worried about how to pay for a personal injury claim, attending court and what might happen if you lose. It may seem easier to deal with a personal injury claim alone however this is not always the case.

If you, or someone you know, gets hurt in an accident, they may be able to pursue a personal injury claim. If the injury wasn’t their fault, they may be entitled to claim for compensation for the injuries and financial losses sustained because of the accident. However, they must be able to demonstrate that another party was at fault, and that their negligence caused the injuries.

A personal injury lawyer can help you begin your claim. They will work to get you the compensation you deserve.

What is the personal injury claims process?

To make a personal injury claim, you must obtain evidence to prove the negligence. This is to show that the accident was caused by the fault of someone else, and that the accident caused injuries. This evidence is usually by way of witness statements and expert evidence.

Once you gather evidence, you need to present it to show that someone else’s negligence caused the injury. Then, we need to negotiate a compensation settlement. 

This is a simplified explanation of the full personal injury claims process. However, you must follow a complex and potentially exhausting process.

Step 1. Contact a personal injury solicitor

The first step is to contact a personal injury solicitor. Generally speaking, personal injury cases have a three-year deadline from the date of the accident. This means you must either settle your claim or file your claim with the Court before this time runs out. You should contact a personal injury solicitor as soon as the accident or injury has happened to avoid your claim being statute barred.

Our personal injury solicitors work on a no win no fee basis* and offer free consultations on all of our personal injury claims.

Step 2. Consultation period

Your solicitor will need time to review your accident and assess how the accident has affected you physically, mentally and financially.

Your solicitor may ask for additional information and evidence form you during this period. This could be financial records, pay slips, photographs and medical records.  These documents will help them to assess your personal injury claim.

The next steps in the process are what are called pre-action protocols.

Step 3. Claim Notification fForm or Letter of Claim

A Claim Notification Form (CNF) or a Letter of Claim will be sent to the Defendant’s insurers dependant on the valuation of your claim. These documents provide details of all evidence that has been provided so far during the process. They This form will detail what happened, and why you think the other side is responsible for the accident.

Your solicitor will submit the Claim Notification Form or the Letter of Claim to the other party’s insurance company on your behalf. This will officially notify them with your intentions to begin the claims process.

Step 4. Investigations

Submitting the Claim Notification Form or the Letter of Claim will trigger a window of opportunity for the other party to carry out their own investigation. They will then have a set period of time, depending on the type of claim, to carry out their own investigation and either admit or deny liability for your accident.

If the other side admits liability, this typically means that you will settle your claim faster, however much will depend on the complexity of the claim.

Step 5a. Negotiation

If the other party accepts liability for your accident, your personal injury lawyer will begin to gather the necessary evidence required to negotiate a settlement for compensation. There may be a need for medical assessments and further witness evidence may be required. Expert opinions could also help in getting the best settlement.

If your solicitor can reach a settlement agreement that you are happy with, then you will finalise your claim. Following your personal injury solicitor’s professional advice closely is important.

It is very rare that cases are not settled during early negotiations and must go to court.

Step 5b. Litigation 

If the Defendant denies liability for your accident, then your solicitor will begin gathering all the evidence they’ll use to fight your claim. This is called litigation. This can include medical checks, witness statements, photographs, videos, expert opinions, and other evidence to support your claim.

Your personal injury solicitor will then start negotiations with the other party’s insurers. If the talks fail and the other side still denies responsibility, a judge will make the decision in court. However, this is very rare. With a personal injury solicitor by your side, your claim will likely be settled out of court.

Step 6. Settlement

After the personal injury claims process has ended, your claim settles. If you have won your claim, the other parties insurance company will pay your compensation.

If you have made your claim with a no win no fee agreement, you pay nothing if your claim fails.

How much can I claim for personal injury compensation?

Compensation falls into two categories: general damages and special damages:

General Damages are the money you get for the pain suffering and loss of amenity caused by  your injury. We value this based on the contents of a Medical Report and the extent of your injury.

Special damages are financial losses. These include past and future lost earnings, medical expenses, and care costs. They also cover the cost of home adaptations and disability equipment to name just a few things.

During your personal injury claim, you may suffer financially if you are unable to work. You can apply for temporary payments to cover this. However, it can be harder if there is a dispute about who is to blame.

If the other party accepts liability, this request becomes reasonable and often receives approval. Your solicitor will support with this.

Once the claim is settled, this is generally in full and final settlement, and you cannot ask for more money later. It is important to have complete and professional medical exams. Your solicitor can help you with this.

How do I know if I may have grounds for a personal injury claim?

If someone else caused your injury in an accident, you might be able to claim personal injury compensation. You will need to prove that the negligence caused you harm. To better understand the claims process, here’s what you can expect the grounds for a personal injury claim to be:

• The injury, illness, or accident generally must have happened in the last 3 years. Exceptions may apply, for example in children’s claims.
• People consider someone else’s actions (or lack of action) negligent. You need proof that they failed to act with the level of reasonable care, which led to your injury.
• You suffered injuries or financial losses as a direct result of their negligence.
• You need to identify the person or entity responsible for the negligence.

There are other factors that can impact your personal injury claim. Our personal injury team offer a free initial appointment for you to discuss your claim. We will first ask you to provide some basic information about what has happened and how.

We will guide you through it step by step, at your own pace. If we think your claim needs more investigation, we will open a case. Your solicitor will discuss your claim options with you.

Fill out an appointment form or call us on 0114 2496 611 to book your free appointment today.

Types of personal injury claims

Accidents and personal injury claims can take many forms, this includes:

• Road traffic accidents, including car accidents, motorcycle accidents, cycle accidents and pedestrian accidents.
• Criminal injuries.
• Injuries caused by defective products.
• Accidents at a work.
• Accidents in a public place.
• Accidents abroad.
• Sport injuries.
• Child accidents.
• Fatal accidents.

We can also assist with preparation and representation at inquests when negligence causes death.

How many personal injury claims go to court?

Most claims reach a successful settlement before a final hearing at court. Your personal injury solicitor would attempt to settle the case before going to court. This way, you won’t have to give evidence on the witness stand.

Our personal injury team actively promotes ways to resolve disputes. We work to keep claims out of the courtroom. This helps keep costs low and can speed up the claims process. It also reduces stress on the family involved.

If your case does go to court, our solicitors will be with you every step of the way.

How can I make a personal injury claim

You may be assigned a law firm by your insurance provider. Alternatively, the third-party insurer may contact you directly.

Insurance companies often try to settle claims directly with you. They may say that solicitors complicate things. They might claim you will get a better settlement without paying solicitor fees.

This is not true. Most personal injury lawyers, like us, use a no win, no fee* agreement with most personal injury clients. The insurance companies know you might not know what a fair offer is. They may give you less than you deserve because of this.

A solicitor has a lot of experience in personal injury cases. They will negotiate for you to get the accident compensation you deserve.

Contact a personal injury solicitor to begin your personal injury claim.

If you would like to discuss a personal injury claim, and our no win no fee claims policy, call 0114 2496 611, fill out a free appointment form or email [email protected] and one of our team will call you back.

*There are circumstances where you would be asked to pay any outstanding costs even if you don’t win your case. This can include:

1. Situations where you are dishonest – if you are always fully honest with your solicitor then there is nothing to fear.

2. Failing to give your solicitor instructions.

3. Rejecting an offer against your solicitor’s advice.

4. Death of the claimant

5. Cancelling your claim.

6. Relocating without informing your solicitor.

However, in some instances you may be required to pay for medical reports or other third-party payments upfront. We would discuss this with you in advance of any decision being made.