How to Claim For Personal Injury

You can usually claim for personal injury compensation if it is possible to establish some fault against another party after an incident which caused you harm or suffering. According to the Law Society, over three million people in the UK are injured in accidents every year. Personal injury law can be very complicated, so it is best to get the help of a qualified solicitor if you wish to claim for a personal injury to help make the claim much more straightforward. Forbes Solicitors work on a no win, no fee basis meaning we will not charge if the case fails. If the case is successful we will claim our costs from the other party and you will only be charged a small success fee. Generally, personal injury claims must be made within three years from the date of the injury. If the accident involved a child, then the three-year rule runs from the child's 18th birthday. There can sometimes be exceptions to this rule; so, for this, it's best to speak to a personal injury solicitor.

To claim for personal injury, your solicitor may need the following information:

  • Date of the accident
  • Where and how it happened
  • Contact details for any witnesses
  • Details of your injuries, medical diagnosis and treatment received
  • They may also ask if you are a member of a trade union or have legal expenses insurance as this may entitle you to free, or reduced-cost, legal representation
  • Any other evidence that could be used to support your claim

If you want to claim for loss of earnings as part of your personal injury claim then your solicitor will need to see proof of your loss and any other financial expenses you may have incurred due to your injury.

You solicitor will be able to help determine if the case is likely to succeed and how much compensation you are likely to get.

Once the solicitor has taken on your case, they will need to do the following:

  • Submit details of the claim to those who are believed to be responsible for your accident. Known as the defendant
  • If necessary, get an expert opinion
  • The defendant should then reply within a fixed period (usually three months) and state whether they accept or deny liability for your injury
  • If they accept liability, your solicitor will aim to settle the matter out of court
  • An offer of compensation is then made by your solicitor. If this is agreed then the case can be settled out of court. It is possible for the defendant's solicitor to make a counter offer; if this happens, your solicitor will advise you of your options
  • If the defendant says they are not liable, the case may have to court and it is then up to a judge to decide who is liable and how much (if any) compensation should be paid

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22 Mar 2017

Personal Injury

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