If you’ve been injured in an incident caused by third-party negligence, you may be wondering what the steps are in a personal injury case. This guide will explain the different steps to you and, in the process, answer questions like, “what are the stages of a compensation claim?” and “how does a personal injury settlement work?”.
Furthermore, if you have any questions about claiming for an injury you sustained in an accident, you can contact our team for free legal advice 24/7. They have years of experience and can tell you quickly if you’re eligible to claim. Additionally, they can connect you with a No Win No Fee personal injury solicitor from our panel who could help you build a case.
However, please remember that you’re under no obligation to use our services just from getting in touch with us. You can contact us at a time that suits you using the details below:
Select A Section
- What Are The Steps In A Personal Injury Case?
- Find A Personal Injury Solicitor
- Follow The Pre-Action Protocols For Personal Injury Claims
- Collect Evidence Of Your Accident And Injuries
- Negotiating Your Payout
- Calculating Damages For Personal Injury Cases
- Starting Your No Win No Fee Personal Injury Case
- Learn More About What The Steps In A Personal Injury Case Are
The basic principles of claiming are below:
- Firstly, you need to show that the third party has a duty of care.
- Secondly, you need to show how their actions breached this duty.
- Finally, you need to show how these actions caused your injuries.
If you successfully prove all three of these things, you could receive compensation for third-party negligence. Certain third parties have a duty of care towards you that is legally binding. When this duty is breached, you may be able to receive compensation.
With that in mind, the types of accidents you could claim for include:
However, you may be wondering, “what are the steps in a personal injury case?”. The rest of this article will explain the different stages of a case.
Technically, you don’t need a personal injury solicitor or lawyer to claim. However, this section will clarify why their work is often helpful in pursuing compensation.
Solicitors and lawyers have years of legal experience. Therefore, their knowledge can help you invaluably if you attempt to claim compensation. This is because they have experience:
- Building and presenting a legal case
- Gathering and examining evidence
- Contacting potential witnesses
- Providing honest assessments of cases
Without a solicitor or lawyer, you may be unsure how to present your case. This might have an impact on the success of your claim.
Furthermore, it can be difficult to find a suitable solicitor. This is where we come in. Our advisors not only offer free legal advice 24/7 but, depending on the strength of your claim, can connect you with a specialised solicitor from our panel who has experience dealing with cases just like yours.
This means you don’t have to worry about finding one that’s right for you. Instead, you can find appropriate legal representation by calling us at a time that suits you using the contact information above.
This section will look at the question, “what are the steps in a personal injury case?” If you want to claim due to suffering an injury from an accident, the initial steps are referred to as pre-action protocols.
In a standard case, these protocols include:
- Rehabilitation: This is the stage where your needs after the accident are assessed by both parties to come to some form of understanding about the ideal form of treatment. This should be an ongoing process throughout the personal injury case.
- Letter of Notification: This is where you or your legal representative informs the defendant or their insurer about their intention to pursue a compensation claim. This specifies that a Letter of Claim is likely to be sent because a breach of duty of care has been identified. This letter should be acknowledged within fourteen days of receipt.
- Letter of Claim: Sufficient information should be provided in this letter so the defendant can assess liability. It should include a clear summation regarding the facts of the accident and how the accident has affected your ability to function on a day-to-day basis. It should also detail the financial impact of the injuries. The claimant may be able to make an offer to settle the claim at this early stage/
- The Response: The defendant must reply within twenty-one calendar days of the posted letter. This response should address any offers to settle made in the letter of claim.
- Disclosure: The defendant should disclose documents that could lead to a resolution of the dispute. Pre-action disclosure will usually be limited to the documents that are required to be included in the letter of claim and its response.
When are the pre-action protocols different?
If you’ve suffered an injury from a road traffic accident that is deemed to be worth less than £5,000, you would need to claim through an online portal as per the Whiplash Reform Programme.
To learn more about this, please contact our advisors, who provide free legal advice. They can answer any questions or queries you have and tell you if you’re eligible to claim in just one phone call.
Evidence is crucial to support your claim. You need to be able to prove that third-party negligence led to your injury. Furthermore, you need to provide proof of the injuries you’ve sustained and the financial impact that they have.
Below, we have included examples of some of the evidence you could use to support your accident and injuries.
Evidence the accident took place
If you’ve suffered an injury or illness due to third-party negligence, evidence can help paint a picture; showing how negligence led to the injury. Examples of this evidence include:
- CCTV footage. Video evidence can help establish the series of events that caused the injury.
- Photo evidence of your injury and the scene of the accident.
- Witness details so that a statement can be taken at a later date.
- Records of the accident report log.
Medical evidence helps show the physical and psychological effects of the injury. Such evidence includes:
- Medical scans, such as X-rays.
- A list of medical treatments you’ve taken due to the injury.
As part of the process of claiming, you will often be invited to a medical appointment. Here, an independent expert will assess your injuries and compile their findings in a report. This report will be used to assess the value of your claim.
For more information on the claims process, get in touch with an advisor from our team for free legal advice. You could be connected with a No Win No Fee solicitor from our panel to work on your claim.
Negotiating the payout is the stage where you and the defendant try to come to an agreement about the amount of compensation you receive. When looking at what the steps are in a personal injury case, this is an important point as successful negotiations could mean that the claim is concluded before having to go to court.
There are two heads of claim that a successful compensation award could consist of. These are:
- General damages: This relates to the psychological and physical effects caused by the injury.
- Special damages: This relates to the financial losses suffered because of the injury. You will need financial evidence, such as receipts, invoices and bank statements, to prove the value of the losses.
Special damages you may be able to claim include:
- Loss of earnings
- Loss of future earnings
- Travel costs
- Adjustments required to your home
- Private healthcare costs
It’s a good idea for you to collect evidence to support this head of your claim. For example, you can provide receipts and invoices to support the costs you’ve incurred.
Work from the Judicial College can help give a greater indication of the amount of general damages compensation you could receive. They analyse payouts from previous cases, taking into account the extent and severity of the injury. Through doing this, they’ve created guideline compensation brackets which you can see below.
|Injury Type||Severity||Compensation Amount||Description|
|Neck||Severe (ii)||£61,710 to £122,860||Injuries in this bracket include serious fractures or damage to spinal discs located in the cervical spine.|
|Back||Moderate (ii)||£11,730 to £26,050||Many frequently encountered back injuries are in this bracket, including ligament disturbance leading to backache and soft tissue injuries accelerating or exacerbating a pre-existing back condition.|
|Shoulder||Moderate||£7,410 to £11,980||This bracket is for injuries like a frozen shoulder that leads to a limitation of movement and discomfort lasting for around two years.|
|Injuries to the Pelvis and Hip||Severe (iii)||£36,770 to £49,270||Injuries in this bracket include an acetabulum fracture that causes degenerative changes and leg instability that leads to an osteotomy.|
|Elbow||Less Severe||£14,690 to £30,050||Injuries in this bracket lead to functional impairment. However, no significant disability is caused and no major surgery is required.|
|Leg||Less Serious (ii)||£8,550 to £13,210||This bracket is for a simple femur fracture that results in no damage to articular surfaces.|
|Ankle||Modest||Up to £12,900||This bracket is for less serious, undisplaced or minor fractures, ligamentous injuries or sprains.|
|Post-Traumatic Stress Disorder||Moderate||£7,680 to £21,730||In this bracket, the injured person will have largely recovered. Therefore, there will be no continuing symptoms that are grossly disabling.|
|Brain||Moderate (iii)||£40,410 to £85,150||Injuries in this bracket lead to negative impacts to concentration and memory with the ability to work being reduced. Additionally, there is a small risk of epilepsy.|
|Neck||Moderate (ii)||£12,900 to £23,460||Cases in this bracket include wrenching-type and soft tissue injuries leading symptoms like a serious limitation of movement and recurring or permanent pain.|
The amount of compensation you receive depends on many factors. This includes the extent of the injury, how it has negatively impacted you and whether there have been any permanent effects on your quality of life.
To learn more about this and what the steps are in a personal injury case, please get in touch with our team for free legal advice at a time that works for you. You can contact them 24/7 using the details above.
You may be wondering about the benefits of using a No Win No Fee solicitor from our panel when making a personal injury case. The benefits include:
- Not paying your solicitor’s legal fees, either during the claims process or upfront.
- No hidden costs or fees
- Not paying your solicitor’s legal fees until a settlement has been agreed upon.
- The solicitor’s legal fees coming out of your compensation as part of a small, legally capped portion.
Our advisors offer free legal advice so, if you have any further questions or queries, please don’t hesitate to get in touch. They’re available 24/7 and can tell you if you’re eligible in just one phone call.
Furthermore, you’re not obliged to use our services should you contact us. However, if you like, we can put you through to an experienced, specialised solicitor from our panel who could help you receive compensation.
Contact us using the details below at a time that works for you.
- Call us on 0800 408 7825.
- Contact us using our website.
- Alternatively, you can write to us using the window on your screen.
For more information about claiming for an injury caused by an accident, please use the links below.
Do you think you may have a broken bone? If so, and you’d like medical guidance, please refer to the NHS website.
The Health and Safety Executive (HSE) provides work-related injury statistics for Great Britain. Visit their website for more information.
You may be suffering from a musculoskeletal condition as the result of employer negligence. More guidance can be found on the NHS website.
Have you suffered an injury from a slip and trip accident? If so, please read this article for more information about when you can claim.
Please read this article for more information about claiming if you’ve suffered a fractured kneecap.
Have you suffered a burn injury? If so, and you want to know more about claiming, please read this relevant guide.
Contact our team for free legal advice 24/7 if you’d like more information about what the steps are in a personal injury case.
Article by AU