What is The Personal Injury Claims Process?

1. Assessing your eligibility and determining negligence
2. Collecting evidence
3. Evaluating your injuries
4. Establishing the long-term implications of your injury
5. Calculating a compensation settlement
6. Negotiations
7. Receiving compensation

You can only claim compensation if someone else was negligent for your injuries. While this is simple in some cases, it’s much harder in others. For example, if you didn’t see a wet floor sign and tripped, the accident might be your fault.

Negligence occurs when someone fails in their duty of care and causes injuries. This could be another road user, public authority, doctor, or employer. To determine negligence, your solicitor will look at your injuries and establish how they occurred.

According to Brake, there were just 29,000 injuries and 1,695 fatalities from road traffic accidents during 2023, highlighting the risks of using a vehicle or being a pedestrian. You can file a claim for a road traffic accident if someone else was negligent in your injuries.

For example, careless driving, speeding, road rage, and breaching the Highway Code put other road users at risk and count as negligence. You could also make a claim if the public authority failed to maintain the roads and ensure they were safe.

All employers have a legal duty to protect employees by following HSE guidelines and providing adequate training. An accident at work can result from many things, including falling items, a lack of PPE and limited training.

Long-term injuries, such as asbestos-related diseases, are more challenging to prove as they take decades to develop, but you can still hold your employer negligent.

In most cases, your employer will be held responsible for your injuries, but if you suffer an injury due to faulty equipment or machinery, you might claim against the manufacturer.

Whether you’re walking down the street, taking your kids to the park, or just being in any public place, you have the right to stay safe. Unfortunately, poor maintenance, failure to identify hazards, and a lack of attention to detail can all cause accidents.

The injuries from slips, trips and falls can be minor – such as simple fractures or scrapes, to permanent disabilities. Most claims will be against local authorities, but suffering an injury on private land such as a supermarket usually results in a claim against the owner.

One of the most severe forms of negligence is medical because it can lead to long-term disabilities and fatalities. It also destroys trust in medical professionals and can lead to substantial compensation settlements from NHS Resolution.

Medical negligence can happen when a specialist fails to diagnose a patient correctly, resulting in misdiagnosis claims or surgical errors that cause complications.

Many people think their personal injury compensation claims comes from the negligent party, but it’s often the insurance company that handles it. So, when your solicitor initiates the claims process, they’ll work with the insurance provider or NHS Resolution to secure a compensation settlement.

Even if you’re unsure of who your claim is against, your legal team should still be able to help. For example, if a negligent road user doesn’t have insurance or cannot be traced, you can still file a claim through the Motor Insurers’ Bureau (MIB).

Victims of violent crimes can receive financial support from the Criminal Injuries Compensation Authority (CICA).

Evidence is vital to the personal injury claim process, as it proves negligence and solidifies your claim. Your no win no fee solicitor will collect proof on your behalf, but it’s still beneficial if you can gather evidence, too, as it will speed the claim along.

All claims are different, and the proof you need depends on how your injuries occurred. The most important forms of evidence include:

• Medical Records: Your medical records provide evidence of your injuries, their severity and any complications. They also detail the type of treatment you need and whether you require medication.
• Witness Statements: Anyone who witnessed your accident can provide a realistic account of what happened. If you experience a road traffic accident, slip or fall, or any other form of incident, try to get the contact details of any witnesses.
• Written Records: Workplaces must keep a log book that details any accidents. Your solicitor should be able to access the accident report to verify your account of the incident.
• Visual Evidence: Photographic or CCTV evidence of the scene and your injuries is always beneficial, as it offers visual proof. Sometimes, this isn’t possible – especially for victims of medical negligence, but taking photographs or videos wherever possible is advisable.
• Expenses: The other side’s insurance company will also want proof of any financial losses, including your earnings, travel expenses, treatment costs, and anything else associated with your injury.

Personal injuries can range from minor to severe, and your compensation amount depends on how they impact your life.

Both your solicitor and the negligence party will usually want you to attend a medical assessment, as it ensures they develop an understanding of your injuries and can speed the no win no fee claim along.

• An expert can assess your injuries and look at:
• Your initial diagnosis or injuries
• Whether you have a disability or long-term difficulties
• How they impact other areas of your life
• Your prognosis

If your solicitor asks you to attend a medical assessment, it’s important to remember that the negligent party might arrange a separate one. While they can be daunting, the assessment is in place to verify your injuries and ensure you receive appropriate compensation.

The long-term implications of your injury will decide how much compensation you receive, but a complete recovery doesn’t make you ineligible.

For example, you can still receive compensation for a moderate shoulder injury that fully heals within two months, but the amount you receive will be lower than someone with permanent symptoms and a disability.

Your solicitor will assess how much medical treatment you require and how long it will take to recover. They’ll speak to your medical care professional to get an idea of any support you require.

Any reputable personal injury solicitor will take time to explore your injuries and ensure they can present a concrete case to the negligent party’s representatives.

Once your solicitor gathers all the evidence, they can calculate a compensation amount. These amounts are estimates only, depending on whether the negligent party is willing to accept liability and pay the proposed compensation or negotiate a different settlement.

When looking at your compensation amount, the solicitor will consider general and special damages:

• General Damages: The first part of your claim is the general damages, which factor in your injuries and any loss of amenity.
• Special Damages: The expenses associated with your injuries fall under special damages. This includes any travel costs, medical expenses, lost earnings and adaptations.

You might be able to claim compensation for damage to your belongings, such as car repairs, clothing replacement, and electronics. The compensation payment depends on numerous factors and could range from £1,000 to over £1 million.

Using a compensation calculator can be beneficial if you want a general idea, but personal injury lawyers are highly experienced in handling these claims and can give you a more realistic estimate.

The most challenging part of no personal injury claims is negotiating with the negligent party’s representatives. Your solicitor will try to secure the highest possible compensation amount, while the other side’s insurance company will naturally want to reduce the payment.

Just because the company or person is willing to admit liability, they still might try to reduce your settlement. The main goal is to secure a fair out-of-court settlement, but this isn’t always possible.

If neither party manages to reach an agreement, you might need to attend a court hearing. The solicitor will continue to support you throughout the proceedings and go out of their way to ensure you get a suitable compensation amount.

You’ll receive your settlement once both parties agree on a compensation amount. The solicitor takes their fee out of this settlement, and you’ll receive the rest of the money. It’s possible to receive interim payments, which is basically like an advance of your compensation.

If you apply for an interim payment, the money will come from your compensation. In most cases, you’ll receive a lump sum, but some people receive annual payments, which usually pay for long-term care costs.

You can speak to your solicitor about instalments if you feel they’d be better for your needs.

If you’d like to claim compensation and receive financial support for your injuries, please call 0800 234 6438 or use the online form to access free legal advice. You’ll get to discuss your injuries and see whether you’re eligible.

Once the adviser assesses your case, they’ll connect you with a solicitor who works on a conditional fee agreement.