The Personal Injury Claims Process

What is The Personal Injury Claims Process?

If you have experienced an injury through no fault of your own and someone else is to blame, then you are entitled to make a claim for compensation.

A personal injury claim process can often feel overwhelming, especially if you do not know where to start. It can also feel like a lot to take on when you are already dealing with the stress and pain from any injury.

At Rothera Bray, our personal injury solicitors understand this. That is why we are committed to guiding you through the process from start to finish. We will be honest and upfront from our initial appointment with you, so that you know whether you have a good case.

What is personal injury?

A personal injury is a physical injury, or a physical injury accompanied by a psychological injury. Personal injuries are sustained because of another’s negligence, or breach of duty.

By pursuing a successful personal injury claim, you will be awarded financial compensation for the injuries you have suffered.

Law firms can help you make your claim and reduce the stress involved in seeking your compensation.

What is the compensation for?

The financial compensation you are awarded is to fix any damages you have received as a result of your injuries. In other words, it is to help you recover any financial losses past or future and to assist in getting your quality of life back to, or as close to how it was before your accident.

The compensation you are awarded could be based on:

• payment for any ongoing treatment
• adaptations needed to your home
• any equipment you may require
• loss of earnings from your employment
• impact on your quality of life
• any pain or suffering you are experiencing

When calculating compensation for personal injuries, we will instruct an independent medical expert to prepare medical records on your injuries. The expert will provide his, or her opinion and prognosis on the nature and extent of your injury.

Alongside their medical report, they will comment on how the injury has affected your day-to-day life. This will be based on your injury immediately following the accident and how the injury may affect you in the future.

How do I pay my legal fees?

You may be worried about how you can afford the legal fees to make a successful personal injury claim. This is often one of the reasons that people avoid making a claim.

However, you should not worry about any legal fees.

Our personal injury lawyers are happy to work on a no win no fee basis. This means if your claim is unsuccessful, then you will not have to pay any legal fees.

Will I have to go to court?

Having to go to court means that your compensation claim will be decided on by a judge. They will examine the medical evidence and use existing case law to make a decision.

However, it is useful to know that most personal injury claims are settled out of court.

In most cases, the defendant accepts liability. As a result, much of the process is based on negotiating a reasonable level of financial compensation with the defendant’s insurance company.

Only when negotiation fails, or the defendant denies liability is it likely that the case will be heard in court.

In the unlikely event that this does happen, your solicitor will prepare you and give you all the advice you need.

What kind of injuries can I make a claim for?

You can make a personal injury claim for a wide range of accidents and injuries including, but not limited to:

• Dog bites
• Accidents at work
• Road traffic accidents
• Beauty treatments and tattoo claims
• Sports accidents
• Supermarket and shop accidents
• Accidents and injuries which happen abroad
• Accidents in care homes
• Medical Negligence
• Brain damage and head injuries
• Spinal injuries
• Loss of senses
• Loss of limbs
• Fractured bones
• Lacerations
• Burns
• Soft tissue injuries
• Psychological, including anxiety and Post Traumatic Stress Disorder

If you do not see your injury in the above list, that doesn’t mean we won’t be able to help you. We can help with many different types of injuries. Get in touch with our personal injury team and we will be able to see if we can help you.

When should I make my claim?

There are time limitations when it comes to making a personal injury claim.

Claims need to be made within three years from the date that the injury occurred.

There are exceptions to this rule though. Should the injured person be a child, then claims can be made until their 18th birthday.

Or, if the injury caused the injured party to have a mental disability, then the time limit does not apply until (or unless) they have recovered.

Because of the three-year time limit, it is recommended to seek legal advice as soon as the injury happened. This is because personal injury claims can be complex. As a result, the more time available for your personal injury solicitor to investigate your case, the greater the chance in you being successful.

Can I make a claim on behalf of someone else?

If the injured party is under 18 or has no capacity to make the claim themselves due to the injury, then it is possible to make a claim on behalf of someone else.

This is usually made by a parent, relative or caregiver.

If the injury has also caused a parent, relative or primary caregiver to incur financial losses, such as having to take time off work to provide care, then these could potentially also be claimed in the compensation.

How do I start a personal injury claim process?

The first part of starting a personal injury claim is making sure you have the correct information.

You will want to ensure that your accident is reported to whoever you think is responsible. For example, if the accident happened at work, you would want to make sure that it is recorded in the accident book. Conversely, if the accident happened in a public place such as a shop, you would want to ensure that the accident is recorded there.

This makes sure that there is an official record of the accident happening, including date, time, location and who might be responsible.

Whilst it is useful that your accident was reported, it is not necessary. Other evidence could be used such as witnesses or testimonies from medical professionals.

Therefore, it is also important to gather evidence as soon as possible. This could include names and contact details of witnesses, photos of where the accident happened, and images of any injuries sustained.

Once you are confident you have the correct information, contact our personal injury team at Rothera Bray. A member of our team will initially discuss your potential claim with you. They will examine the details you have and who you think is at fault for causing the injury.

They will also run through potential funding options for you regarding your legal fees, including no win no fee. Only when you are happy enough to instruct us, will be beginning investigating your claim for you.