Personal injury claims: the process

On a long weekend in deepest Norfolk, Jane was walking back to the place where she had parked her car. With no streetlights, the stars were bright, and she could even make out the Milky Way. Her little torch made a puddle of light at her feet.

Nearing the car, Jane shone the torchlight ahead. Her right foot caught on the edge of the kerb, and she crashed down onto her knees. The torch skidded away.

She cracked her elbow, bruised her knees and her pride.

It was entirely her own fault for not looking where she was going. Six weeks later, she was absolutely fine.

Each year, over three million people have an accident and are injured.

If someone else is to blame, you are entitled to claim compensation.

Here’s how the process works:

  • Tell us what happened and the details of your injury. Here is some of the information you will need to provide:

o   When the accident happened

o   Where the accident happened

o   What happened

  • Details of your injury, the medical diagnosis and any treatment you received
  • Contact details for any witnesses
  • If you are a member of a trade union
  • Whether you have any insurance policies that cover your legal expenses
  • Evidence that you lost earnings as a result of your injury
  • Any financial expenses you incurred as a result of your injury
  • We will discuss the likelihood that your claim will succeed, and how much compensation you are willing to accept (this is called a Part 36 offer)
  • We may need to request a report from a relevant specialist, such as your doctor
  • We will write a claim letter to the person, people or company you hold responsible – the defendant
  • The defendant will have up to three months to accept or deny liability (usually much less)
  • They may accept liability, and agree to your offer to settle without going to court
  • If not, you may have to take them to court – don’t worry, this is easier than you may think
  • If you win, the defendant will pay your court costs
  • If you have negotiated a ‘no win, no fee’ arrangement, you will have to pay the solicitor’s success fee
  • If you lose, you may have to pay for your own solicitor’s costs, and those of the defendant. We’ll let you know all the options.

For more information, please call us on 020 7113 4003 or email and we will be happy to help. The initial telephone consultation is free.

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