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Guide to Making a Personal Injury Claim

Guide to Making a Personal Injury Claim

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Home Page > Law > Personal Injury > Guide to Making a Personal Injury Claim

Guide to Making a Personal Injury Claim

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Posted: Mar 07, 2008 |Comments: 0
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This guide has been compiled to help you choosing the correct injury lawyer / solicitor in the event you may have to make a compensation claim. If you have suffered an injury, physical or mental, from the actions of a person or business being negligent then you have a right to claim for personal injury compensation.

Your first step is to make sure you contact experienced injury lawyers who will give you proper advice regarding making a claim for compensation. Personal Injury Law is a complicated matter and that is why we strongly suggest to seek out a reputable lawyer / solicitor rather than any other third party who may not be experienced in injury law matters.

Researching and selecting a Personal Injury Lawyer

There are many good, experienced and qualified injury lawyers / solicitors that will advise you free-of-charge if you have a proper claim, try searching for “Injury Lawyers” on Google in your start to find a suitable injury lawyer for you.

Check their websites to see if they have genuine testimonials from satisfied clients. Do they give advice free-of-charge. It shouldn’t cost you anything for making an enquiry including making a telephone call.

During the course of discussion between yourself and the injury lawyer they’ll try to assess if you have a valid claim. They will also inform you of how best to fund your claim (most Injury Lawyers work under a No Win No Fee agreement), the time scale involved and other details that are important to your claim.

What your Injury Lawyer will require from you

Once you are happy with your selection the process then starts with collecting the evidence to help with your claim. The details of the accident: date, place, events of the accident itself etc … Any witnesses that can provide statements. Details of your injuries and any medical documents showing the attention you received / receiving. Loss of earnings or any other financial expenses that you have incurred since the accident. Insurance documents. Photographic proof (if you have any).

If you are seeking whiplash claims advice please be sure to contact the Police and make a report of the road accident, injury at the earliest possible moment available to you.

Setting the process of your claim into action

Once all information has been gathered your injury lawyer / solicitor will send a letter to the person / party you are making a claim against. The next stage is waiting on the reply (they have 21 days to acknowledge the claim). The reply from the respondent (the person / party you are claiming against) will outline if they accept responsibility for your injury or not.

Settling out of court

If the respondent accepts liability your injury lawyer / solicitor will then advise you to settle-out-of-court. You will also be advised at this stage what levels of compensation are acceptable and if all parties involved are in agreement the case is settled without ever having to go to court.

Making a court appearance

In the event of no agreement being reached either from accepting responsibility or compensation payments then the case will be brought to court and a judge will oversee proceedings. Your injury lawyer / solicitor will have prepared for this outcome in any event and will advise you of the next stages as you seek to claim compensation for your injuries.

Outcome and costs

During the process of selecting your personal injury lawyer / solicitor you should have been advised as to what costs may be involved and how best to finance these costs in the event of your case ending up in court and also losing your claim.

Will you be responsible to pay the legal costs of the winning side if you lose your claim? As a good personal injury lawyer will always make sure you have cover should you lose your claim, so that you are not out of pocket.

Make sure that these questions are asked when selecting a personal injury lawyer to present you in your case for compensation. Good lawyers always advise claimants to take out insurance to cover all risks involved.

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Personal Injury Compensation Claims Company Provide Guidance On Making A Claim

Making a claim for personal injuries is not that difficult. Experienced injury claims solicitors can help fasten up the claims procedure. The solicitors have abundant experience in handling claims cases. If you have suffered an injury due to the negligence of someone, you can get compensation. To make a successful, you must be able to prove that someone else was responsible for the injury. You are entitled for compensation.

Personal injury claims specialists can ensure that you get compensation quickly. The solicitors have helped many people make compensation successfully. You can also make use of a no win no fee basis claims procedure. Under this agreement, you need not pay the solicitor any fee to make a claim. You will not be charged any fee. Irrespective of the fact whether you win or lose the claims case, you will not be required to pay any fee. In case, your claim is successful the other side will pay your costs. This includes the fee and you can look forward to receive 100 percent of your compensation. If the claim is unsuccessful, you need not pay any fee.

You can get duly compensated for the losses suffered. Compensatory damages, or compensation, will be paid to compensate the claimant for any kind of loss suffered. As a result of the injury, if you have been termed physically handicapped, you can make a claim. In cases, wherein it is not possible to award damages, the court may award money damages to the claimant. This will help restore the losses suffered by the injured party.

A claimant can also fund all the related information to make a claim online too. This is a quick and an easy way to make a claim. The service is risk free and inexpensive. An accident claim can help you get compensation fast. It is advisable to approach experienced accident claims solicitors. You can also make a claim for damages resulting in loss of property. The claims specialists follow certain procedures to determine the amount of compensation that you can receive.

Prior to approaching a solicitor, you must ensure that you are aware of the nature of your legal problem. Even if you are not, an experienced solicitor can guide you get compensation. They can provide you with the required information on making a claim. A solicitor with relevant experience can help fasten up the claims procedure. You can also specify your requirements with the claims lawyer. Evidence in the form of medical reports, pictures, eyewitness, can help get compensation quickly.

The Fast Track Car Accident Injury Claim Process – 10 Things You Must Know Before Making A Car Accident Compensation Claim

Since the late 1990’s solicitors in the UK have been able to handle car accident injury claims under the Conditional Fee Agreement (CFA) system. The CFA system was designed to widen public access to professional legal representation, and means Solicitors can take cases on a “No Win No Fee” basis. If you win your case then your Solicitors fees are paid by the defending party (usually the insurers of the person who caused the accident).

As of April 6th 2010 a new “fast track” car accident injury claim compensation system has been introduced in the UK. The new system is designed to make it faster, cheaper and more simple to make a personal injury claim if you have been the victim of a road traffic accident, whilst at the same time limiting the amount of costs that solicitors and claim managers can recover from the opposing side for handling your claim. Claimants will now receive full settlement in a matter of weeks, when previously their claim may have taken months and in some cases years to settle, there is also the option of getting part settlement of up to £1,000 before the claim has completed.

Does your car accident injury claim qualify?

You must have been injured as a result of a road traffic accident that was not your fault e.g. You have been involved in a car crash where another drivers insurance company accepted liability. If there was any element of “contributory negligence” i.e. you were partly to blame for the accident, then your claim will not qualify for the fast track route, but you may still be able to make a claim but the amount you are ultimately awarded will be reduced by the amount you were at fault. However if your only negligence was not wearing a seat belt at the time of the accident your claim may still qualify for the fast track system.

The date of the accident must be on or after April 30th 2010. If your accident was before this date you can still make a claim but it will not benefit from the fast track route.
The total claim value must not exceed £10,000, including any claim for loss of earnings, and costs related to care and rehabilitation.

The £10,000 overall value does not include vehicle damage and related costs for example the cost of repairing your vehicle and a hire car whilst your vehicle was off the road.
Within the £10,000 overall value the proportion of the claim related to personal injury, e.g. the compensation for pain, suffering, and loss of amenities must exceed £1,000. As a guide minor neck and shoulder injuries can be valued at up to £2,000, with minor back injuries up to £4,000.

Neither party can be subject to the Motor Insurers Bureau’s un-traced driver status, both parties must have a valid insurance policy. If the person responsible for the accident was not insured then you may still be able to make a claim but not under the new fast track regime.

There must not have been a fatality as a result of the accident.

Neither party can be a bankrupt, if you or the person you are claiming against is a bankrupt then you may still have a claim but you can not use the fast track system to pursue your claim.

You must use a solicitor familiar with the new Road Traffic Accident Protocol as they will be bound by certain obligations and time constraints if the claim is to qualify for completion under the fast track regime, and in some circumstances if your solicitor fails to abide by the guidelines the other side could claim costs against you. The Law societies website has a find a solicitor service where you can search for a local solicitor who specialises in this form of work.

Experienced solicitor and car accident injury claim expert Phil Doyle offers free advice and a free answer service to any questions regarding car accident injury claims at http://carinjury.net/