Are you wondering where to begin your claim for personal injury? Are you unsure who is responsible for your injury? We understand that the personal injury claims process may seem daunting and confusing. Our guide aims to explain how you may be able to start a claim for compensation.
We will first walk through the claims process and explain how to work out who is liable for your injuries. Then, we discuss what evidence might be needed and how compensation is calculated.
You will also learn about how settlements are agreed and what happens when compensation is paid out. We will also discuss how a solicitor from our panel can support you throughout the claims process.
If you have been involved in a road traffic accident, been injured whilst in a public place or had a workplace accident which wasn’t your fault, contact us today to see if you can make a claim:
- Ring us on 0800 408 7825
- Fill out our online contact form.
- Use the live chat feature.
Jump To A Section:
- What Is The Personal Injury Claims Process?
- Work Out Who Is Liable
- What Evidence Do I Need To Prove My Claim?
- Calculating Your Compensation Amount
- Agreeing On A Settlement Figure
- Paying Out Your Compensation
- Further Support After Compensation Has Been Paid
- Getting Free Advice With Public Interest Lawyers
- Start Your No Win No Fee Personal Injury Claims Process
- Learn More
What Is The Personal Injury Claims Process?
Typically, the personal injury claims process will follow several stages:
- Establishing whether a third party is liable for your injuries.
- Gathering and assessing evidence to support a claim.
- Evaluating your injuries and valuing potential compensation.
- Starting the Pre-Action Protocol process.
- Entering into negotiations to try to settle out of court.
- Attempting alternative dispute resolution (ADR) if a settlement cannot be reached during negotiations.
The Pre-Action Protocol mentioned above begins with a letter of notification. This letter outlines that you (the injured party) plan to make a claim against the defendant, who must acknowledge it within 14 days of receipt.
Subsequently, the involved parties will try to determine whether you require any medical treatment or rehabilitation. A letter of claim would then be sent to the defendant, setting out your intention to claim against them and concisely summarising the facts of the case.
What Happens Next?
Once the letter is sent, the defendant has 21 calendar days to respond and a further 3 months to investigate. The next stage is known as disclosure, which involves an exchange of documents between the involved parties.
Both parties can bring in experts, such as medical professionals, to provide an understanding of points of discussion in the claim. If the defendant admits liability for the personal injury, then negotiations can get underway, and a Part 36 offer may be made. We discuss this further in our guide.
If negotiations are unsuccessful, both parties have the option of pursuing an alternative dispute resolution (ADR) to try and settle before going to court. If ADR fails, your claim may need to go to court.
Our trained advisors are on hand to answer any questions you may have about the personal injury claims process.
Work Out Who Is Liable
In order to have valid grounds to claim, you must establish that someone else was at fault for your injuries. That involves meeting the following criteria:
- A third party owed you a duty of care.
- This duty was breached in some way.
- This breach resulted in you sustaining injuries.
Below, we explain how another party could breach the duty of care they owe you depending on the type of accident you had:
Road Traffic Accidents
Everyone on the road has a duty of care to keep each other safe from injury or harm (including to themselves). To uphold this duty of care, road users must follow the requirements and guidance set out in the Road Traffic Act 1988 and the Highway Code.
If this duty of care isn’t met, it could result in a serious accident, such as:
- A driver exceeds the speed limit and is unable to break before reaching traffic. As a result, they rear-end your car and leave you with a painful back injury.
Workplace Accidents
Under legislation like the Health and Safety at Work etc. Act 1974, employers have a duty of care to take practicable measures to ensure the safety of their workers.
An employer who fails to take such steps could be liable if a worker is injured as a result. For instance:
- Warehouse management fails to conduct regular equipment inspections. Consequently, you seriously injure your hand when a power tool malfunctions.
Public Liability Accidents
As with other personal injury claims, public liability depends on a third party breaching their duty of care. For this type of claim, that means those in control of a public space are expected to keep visitors reasonably safe.
If this legal obligation (set out by legislation like the Occupiers’ Liability Act 1957) isn’t met, you may have grounds to claim compensation. For example:
- A pub doesn’t mark a spill with ‘wet floor’ signs. Due to this, you fracture your shoulder after you slip and fall.
If you are unsure who may be liable in your case, please contact us today for further information, and our friendly advisors will be happy to help.
What Evidence Do I Need To Prove My Claim?
The evidence that you need can depend on the type of personal injury you suffered. Nevertheless, you may find the following examples to be of benefit:
- Copies of relevant documents, such as your workplace accident book or a police report.
- CCTV footage from nearby cameras that may have recorded your accident.
- Photographs showing your injuries or how the accident occurred.
- Contact details for anyone who could provide a solicitor from our panel with a statement about what happened.
In any case, you must have the date and time of the injury, a description of your injuries, and an outline of what happened. Keeping a diary can help you detail this information.
If you are unsure about the evidence you will need during the personal injury claims process, please contact us today.
How Do I Prove My Injury?
In order to prove that you have suffered an injury, you will need copies of your medical reports or GP notes. Your legal representative can guide you through the process of requesting your medical records, ensuring you are able to provide evidence that outlines important details like:
- The extent and severity of your injuries.
- Any treatments you have needed.
- If you have required prescription medication.
Getting You Help With Your Medical Care Or Rehabilitation
Our panel of expert personal injury solicitors work in partnership with various specialists, including occupational therapists and psychologists, to help with your rehabilitation. A solicitor from our panel will work alongside you to determine what options can support your recovery.
Interim Payments
Under certain circumstances, you could receive interim payments before the personal injury claims process ends. These payments can be used for medical treatment, care, or any equipment which you urgently require.
In most circumstances, interim payments can be made if there is:
- A defendant accepts their liability.
- The claim is likely to be successful in your favour.
- You have a legitimate reason to request an early payment, such as for an urgent medical bill for which you do not have the funds.
In the event that a defendant is unwilling to pay, you may need to apply to the courts. A solicitor from our panel can help you with this application.
Please contact our team today to learn more about how interim payments work in the personal injury claims process.
Calculating Your Compensation Amount
How much compensation you might receive will depend on a number of factors. For example, the Judicial College Guidelines (JCG) indicate that compensation for very severe brain damage alone may range anywhere between £344,150 to £493,000.
The JCG document provides guidelines concerning compensation brackets for various injuries covered under general damages. Personal injury solicitors sometimes use it to help calculate the level of compensation someone might receive under those damages.
You can see some of the JCG’s brackets in the table below. Please note that the first figure is not taken from the JCG, and the other amounts are only guidelines.
| Injury | Severity | Compensation Bracket |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe | Up to £1,000,000+ |
| Paralysis | Tetraplegia (also known as Quadriplegia) | £396,140 to £493,000 |
| Paralysis | Paraplegia | £267,340 to £346,890 |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Brain Damage | Moderately Severe | £267,340 to £344,150 |
| Leg (Amputations) | Loss of Both Legs | £293,850 to £344,150 |
| Back | Severe (i) | £111,150 to £196,450 |
| Neck | Severe (i) | In the region of £181,020 |
| Psychiatric Damage | Severe | £66,920 to £141,240 |
| Psychiatric Damage | Moderate | £23,270 to £66,920 |
General Damages
This head of loss compensates for the physical and psychological suffering you endured because of your injury. General damages take into account various factors, such as:
- The severity of your injury.
- Whether you now have a long-term disability.
- If you are dependent on other people.
Special Damages
If your injury directly led to financial losses, special damages could reimburse you for related costs as part of your claim. So long as there is supporting evidence like bank statements, you may be compensated for costs like:
- A loss of earnings or potential future earnings.
- Transportation expenses, such as parking fees incurred whilst attending a medical appointment.
- Medical costs, including physiotherapy and professional care.
Our advisors are available if you wish to discuss how compensation is valued during the personal injury claims process.
Agreeing On A Settlement Figure
As mentioned earlier, negotiations over compensation start as soon as a defendant admits liability. Negotiations sometimes involve back-and-forth offers and counteroffers before an agreement is reached.
During this phase, it is possible for a Part 36 Offer to be made under the Civil Procedure Rules. Essentially, it aims to encourage both parties to settle out of court. It must be made in writing, outlining whether the full settlement or a portion of the settlement will be paid. This offer must be accepted or rejected within 21 days, otherwise known as the ‘relevant period.’
For more information, feel free to get in touch today.
Paying Out Your Compensation
In most cases, a lump sum payment will be made in the final stage of the personal injury claims process, minus any previous interim payments.
However, in some circumstances, the court may decide that the defendant should pay over months or years as periodical payments. These payments sometimes occur where there is a need for long-term care, ensuring claimants have the financial stability to pay for ongoing costs.
To learn more about compensation payouts, please talk to a member of our team.
Further Support After Compensation Has Been Paid
Depending on what support is needed, you may benefit from the following options:
- Rehabilitation, physiotherapy, or specialised medical treatment.
- Counselling, therapy, or support groups.
- Financial advice about your compensation or benefits.
- Ongoing care in the home or to perform daily tasks.
You can discuss your options with a solicitor from our panel. Please contact us today for further information about how we can help you.
Getting Free Advice With Public Interest Lawyers
Our panel of solicitors have the experience needed to guide you through every step of the personal injury claims process. Moreover, they operate on a No Win No Fee basis under the terms of a Conditional Fee Agreement (CFA). This type of No Win No Fee agreement ensures that you don’t pay a solicitor’s fee either:
- When you start a claim.
- During the personal injury claims process.
- If the claim ends up failing.
Instead, a success fee would be deducted from the compensation you receive if the claim successfully concludes. This percentage is small and legally capped.
Start Your No Win No Fee Personal Injury Claims Process
Contact us today to see how a solicitor from our panel could help you start your personal injury claim:
- Ring us on 0800 408 7825
- Fill out our online contact form.
- Use the live chat feature.
Learn More
For further reading, please consider reading some of our other guides:
- When to report a workplace accident.
- Some frequently asked questions about public liability.
- The personal injury claims process in Scotland.
You may also find these external resources helpful:
- How to claim Statutory Sick Pay.
- The Health and Safety Executive outlines practicable steps employers can take.
- NHS advice about dealing with traumatic events.
We want to thank you for taking the time to read our guide exploring the personal injury claims process.
