The process of making a personal injury claim
By Susie Watkins
26th Feb 2022 | Local News
In the third of her four part series, Lauren Martin from the Personal Injury team at Thatcher + Hallam Solicitors, looks at the the process of making personal injury claims. You can read Lauren's article from last week on misconceptions about making personal injury claims here and an earlier article about the basics of personal injury claims here.
From the outset, it's important to say we always recommend instructing a personal injury lawyer if you are making a personal injury claim.
This area of law can be complex and an injury lawyer provides the support and knowledge needed to make the process as straightforward and stress free as possible. From the initial discussion about how the accident happened and the injuries you suffered, our legal team are able to assess the potential of the claim and the law applicable to it.
Once you have contacted us about a potential claim, we will have an initial discussion with you about how the accident happened and the injuries you suffered. At this stage, our legal team are able to assess the potential of the claim and the law applicable to it.
All discussions with us are completely without judgement and we pride ourselves on having a friendly and confidential approach to all matters.
After the initial discussion, the choice is then yours as to whether you would like to proceed with a claim.
Some clients like to wait a short while before proceeding, for instance if they have had extensive surgery or are under pre-existing treatment. However, we would always advise someone to instruct an injury lawyer, solicitor or experienced legal representative as soon as possible as you only have 3 years from the date of the accident to either settle your claim or take it to court (if you are over 18.)
We act on a 'no win, no fee' Conditional Fee Agreement as standard. This is fully discussed with clients when they decide to proceed with a claim. Prospective clients are more than welcome to contact us to find out more about this method of funding.
So what can you expect when you decide to take a claim forward?
This is a very basic overview of each step of the claims process:
1) We are instructed by the injured person.
2) We notify the defendant (that is, the person responsible for your injury) of the claim and gather the information needed from them to start the claim.
3) The claim is started when the defendant insurers are sent a 'letter of claim' or receive a claim notification through the Claims Portal from us.
4) The defendants provide a liability decision, either accepting liability, accepting liability subject to causation (e.g. they do not agree that the accident caused the injuries or they believe there is an element of contributory negligence) or liability denial.
5) If liability is accepted or accepted subject to causation, medical experts will meet with you to assess your injuries and provide a report detailing their opinion and recommendation for treatment.
6) If liability is denied this does not necessary mean your claim will end. But it may take a different route which your legal representative will discuss with you.
7) Medical evidence is finished, you finish rehabilitation and hopefully you have fully recovered. Financial losses and injury compensation are evaluated by your legal representative.
8) Negotiation takes place between the defendant insurers and your lawyer.
9) The claim settles, compensation is paid you to you and the claim is settled.
Hopefully, this brief article clarifies the process of making a personal injury claim, but if you have any further questions you are welcome to contact us to discuss. We don't charge for initial advice and all our personal injury claims are taken forward on a 'no win, no fee' basis. We explain this in more detail with you when you get in touch about making a claim.
You can contact us via our online form or by calling 01761 414646.
Next week, we will talk about what you can claim for when making a personal injury claim and how compensation is calculated.
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