Making A Personal Injury Claim In England And Wales
In this article we cover the process of making a personal injury claim in England and Wales*.
1. The first steps.
The very first thing to do is speak to us and tell us what has happened to you. At this stage you need to give us as much information as you can so we can advise you if you have a personal injury claim. It costs nothing to speak to us, so call now on 0333 414 9123. It is important you speak with us as early as possible as a personal injury claim can help to finance your rehabilitation and specialist equipment or care you may need.
2. Gathering information.
Once we have ascertained you have a strong case to claim compensation for a personal injury, you will need to give us authority to act on your behalf so we can gather information and evidence to make your claim.
3. Notification of a claim – Starting a claim.
Once we have collected the information, in some cases this will require photographs too, we will send a claim notification to the person or company you will be claiming against.
4. The other sides decision on your claim.
At this point, the person or company you are claiming against will need to make a decision whether or not to accept responsibility for this claim.
5. Medical evidence.
You will need to attend a medical examination, don’t worry this is so a specialist in your type of injury can assess your injury and compile a report.
6. Out of pocket expenses.
From the outset we will discuss your out of pocket expenses and losses you are incurring with a view to including them in your personal injury claim.
7. Settlement negotiations.
We begin the negotiations on your behalf, with the other side, detailing your injury and out of pocket expenses incurred. All offers of settlement will be discussed with you and we will advise if a fair offer is being presented. The decision whether to accept an offer ultimately rests with you.
8. Negotiation fail.
Should the negotiations fail to produce a sensible compensation offer from the other side then we will review your case and decide whether to begin court proceedings.
9. Court action
if necessary. If the other side dispute your personal injury compensation claim or if you are not offered a good settlement for your injuries and losses then we will take court action to get the result you deserve.
10. Start of proceedings.
We will complete and send to the court the details of your claim in what is called a “claim form and particulars of a claim”.
11. Court directions.
Once the court has received both the details of your claim and the response from the other side it will send both parties a “Directions Questionnaire”. In this we will detail medical expert names, witnesses and the legal costs incurred. After receiving the Directions Questionnaire from each side, the court will give a time table of ‘Directions’ which will adhere to strict deadlines, failure to meet these deadlines will have serious consequences for your personal injury compensation case. We will explain this sometimes complex step, we are with you every step of the way, to advise and assist you in any way we can.
12 Further negotiations.
It is not uncommon to have further negotiations after court proceedings have started. This is because the other side may want to avoid rising legal costs and be more eager to settle your case. As always we will explain the offer and be able to advise if the offer is a sensible offer.
If the attempts to negotiate your personal injury compensation claim fail, then it may be necessary to go to trial. This is where the judge will hear all the evidence from you and the other side and will decide if you should be awarded compensation. It is quite rare for a personal injury compensation claim to reach this stage, the majority of cases are settled beforehand. However, if a trial is necessary, then rest assured we will prepare your case to the highest quality. We will an instruct experienced and proven barrister to represent at court.
14. Winning at trial.
At the trial the Judge will have heard all of the evidence. If the Judge decides the accident wasn’t your fault, they will provide a judgement that explains what happened and who was to blame. The Judge will also award you compensation for your injury depending on your medical evidence and out of pocket expenses. If appropriate they will also award you interest on your legal costs.
15. Settlement – Compensation Payment.
Whether you win at court, or a settlement agreement is reached, we will obtain the settlement cheque from the other side and forward these monies on to you. This process usually takes 3-6 weeks after the date of the settlement agreement or the final hearing date.
Making A Personal Injury Claim In England And Wales
There you have it, that is the process of making a personal injury claim in England and Wales. If you have any queries about this process or you would like to start the process, then call us now on 0333 414 9123.
You can keep a track of your Personal Injury claim with our free app, which helps to streamline the whole process.
Tollers Personal Injury – We are not personal injury lawyers by accident.
*The process described above is only relevant for England and Wales.
Ireland, Scotland and European countries all have different legislation covering the Personal Injury claim process.