Making a personal injury claim: a step by step guide

There are various stages to making a successful personal injury claim and we have written an overview of the legal processes, which you can download here.

In summary, here are the key steps:

INFORMATION GATHERING

We will work with you and carry out our own research to ascertain what happened to you, who might be liable for the accident and what evidence exists to support your claim.

ASSESSING YOUR CHANCES OF WINNING

We will advise you on the strength of your case and whether or not we believe you should pursue the claim. As part of this we will estimate the likely costs and the compensation you might receive. 

‘PRE-ACTION’

Depending on the type of claim there are laid-down steps we have to follow, for example in how we notify the defendant of any claim and how we lodge details with the authorities.

Similarly, the Defendant will have to observe rules, such as time limits for replying to us and the type of information they provide. At this stage they may admit liability.

IF LIABILITY IS ADMITTED

We can order medical reports and compile other information to support the compensation amount we are claiming for you. We can also ask for an interim payment on your behalf.

IF LIABILITY IS DISPUTED

The defendant will tell us why they dispute the claim. We will analyse this and possibly ask for an opinion, for example from a Barrister, Doctor or Health & Safety expert.

At this point we can advise you on whether you still have a strong case and if so, we will push the defendant to settle amicably or face court action.

SETTLING THE CASE

Following further argument and depending on the claim, the defendant may decide to settle. Otherwise, we will begin Court proceedings and the judge will decide the case.

NEGOTIATING THE COMPENSATION PAYMENT

We will calculate the compensation claim on the basis of the severity and duration of your injuries, pain, financial losses and your future financial and care needs if your injury is severe.

This will be the starting point for a claim and the defendant or their insurer will make a counter offer. We will review this carefully and advise you on whether it is correct.

Sometimes settling a claim will take some negotiation and we try to meet with the other side for a round-table discussion, so that we can reach an amicable agreement. We handle this for you.

If a figure cannot be agreed we will take the matter to Court.

RECEIVING YOUR COMPENSATION

We will receive the payment, deduct the fees we agreed with you in advance and forward the balance to you. We can also advise you on managing the money, say by creating an investment trust.


Road Traffic accidents

  • Simple Whiplash rear end shunt claims to complex claims involving paraplegia.
  • Fatal accident claims.

Accidents At Work

  • Personal injuries suffered during the course of employment
  • Manual handling operations injuries
  • Slips and trips
  • Work related upper limb disorders
  • Mesothelioma & asbestosis claims.

Public Liability & Occupier’s Liability

  • Claims against councils and others where injuries have been sustained i.e. slips and trips
  • Injuries sustained in public places i.e. children’s parks/playgrounds and shops
  • Sporting injuries sustained in public or private grounds
  • Dog bite & dangerous horse injuries
  • Injuries on club premises
  • Injuries caused by independent contractors
  • Injuries in schools, injuries in swimming pools
  • Injuries in prisons
  • Claims against neighbours regarding defective premises causing injury
  • Public utilities liability.

Landlord & tenant, private/local authority

  • Housing disrepair claims

Product Liability

  • Defective electrical equipment, defective vehicle, defective drug/medication, defective chemical products, food poisoning due to defective packaging are examples.

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