Explaining The Personal Injury Claims Process

Whether you have been injured at work, in a public place or a road traffic accident, you could be entitled to claim compensation. But, with legal jargon, time limits and processes, making a personal injury claim may seem complicated. However, it does not have to be. In this guide, we discuss the personal injury claims process.

We will take you through the different steps that a personal injury claim may go through. Next, we explain the purpose of each step and how a specialist personal injury solicitor could help you. We then look at whether there are other ways to resolve disputes and what happens if a claim has to go to court. Finally we look at when and how you could claim on a No Win No Fee basis.

If after reading our guide you still have any questions about the personal injury claims process or are ready to begin your claim, you can contact us for free using the details below;

• Call our team on 0800 073 8804.
• Find out how to make a ‘claim online’ using our online form.
• Use our online live support.

Browse Our Guide

• What Is The Personal Injury Claims Process?
• What Is Alternative Dispute Resolution?
• Will My Personal Injury Claim Need To Go To Court?
• Can A No Win No Fee Solicitor Help With The Personal Injury Claims Process? 
• More Resources About Claiming Personal Injury Compensation

What Is The Personal Injury Claims Process?

A personal injury claim is a way to claim compensation from a party who was liable for an accident in which you were injured. Examples of personal injury claims could include;

• An accident at work.
• A road traffic accident.
• Public liability claims.
• Claims for a serious injury.

Our team understands that making a compensation claim could seem like a daunting prospect. The personal injury claims process may seem complicated, with lots of steps to go through. Prior to the steps we will look at below, your solicitor may help you to gather evidence which supports your claim, ask you to attend a medical assessment and request witness statements from anyone who saw the incident take place.

Below we will explain the Pre-Action Protocol for personal injury claims and show how a solicitor could help you.

Letter Of Notification

The first step a claim will need to go through (having secured evidence) is to notify the party you are claiming against (known as the defendant) that you intend to make a claim against them. The notification may be the first knowledge that the defendant has of a claim being made. They may also have limited or no knowledge of the incident in which you were harmed.

The letter will advise the defendant and their insurance provider any information they need to know and help to determine if they are liable as well as whether it may be suitable for an interim payment to be made.

The defendant (or their representatives) have 14 days in which to acknowledge receipt of the letter of notification.

Rehabilitation

At this stage, the parties should consider the claimant’s (reasonable) medical needs for either treatment or rehabilitation. The parties should address how any such costs will be funded. If the defendant accepts liability, an interim payment could be made to cover the costs of needed medical treatment.

Letter Of Claim

Next, a claimant should send the defendant the letter of claim. They should send two copies. One is for the defendant and the other for their insurance provider. The letter of claim should include the following information;

• A summary of the case and any facts the defendant needs to know.
• Information about the injuries the claimant sustained and how this has impacted them.
• Details of their medical needs and details or estimates of financial losses.
• Information on the heads of damages being claimed for.

The letter of claim should provide the defendant and their insurer with enough information to assess whether they should accept liability or deny liability and estimate the size of the heads of claim (general damages for pain and suffering and special damages for financial losses).

The defendant then has 21 days to acknowledge receipt of this letter.

Disclosing Documentation And Evidence

The purpose of this stage of the personal injury claims process is to exchange relevant information to clarify and resolve any disputed issues as early as possible. This should be disclosed to the defendant and the courts (if necessary).

As part of the claim you will need to supply evidence detailing the nature and extent of injuries (or illness) suffered and what impact they have had on you. Evidence could include medical reports and records either from your GP, a hospital or those covering other medical treatment.

If the defendant denies liability, they will need to disclose any documentation supporting this. Evidence supplied by the defendant may include witness statements or video footage (such as from a CCTV camera).

Expert Reports

Both parties involved in the dispute can instruct relevant experts to provide testimony on points of claim. At this stage of the personal injury claims process, you may be asked to submit medical reports and disclose these to the defendant. Additionally, you may need to see an independent medical expert who may need access to your medical records.

Reaching A Settlement

If the defendant does admit liability the two parties may be able to resolve the personal injury case and agree upon a settlement without the need to go to court. Once a defendant admits liability the two parties can enter into a negotiation over the compensation settlement. If you agree to the compensation settlement offered by the defendant the claim will be finalised.

The other side’s insurance company will then disperse the funds to you.

Throughout the personal injury claims process your personal injury solicitor will keep you fully informed on the progress of your claim. You will also be consulted before an offer is accepted.

What Is Alternative Dispute Resolution?

Section 9.1 of the Pre-Action Protocol states that litigation and court proceedings should be the last resort when resolving a personal injury claim. Prior to this, parties should attempt alternative methods of dispute resolution.

Examples of alternative dispute resolution could include;

• Joint settlement meetings,
• Mediation,
• Arbitration,

These methods could enable the parties to resolve their dispute. If one or both or the parties refuse to participate in alternative dispute resolution, they may be penalised by the courts.

Will My Personal Injury Claim Need To Go To Court?

In the majority of personal injury cases a settlement can be reached without the parties needing to go to court. As such, the chances of you needing to go to court to resolve your case are quite small. If your claim does need to go to court, a personal injury solicitor from our team could be with you every step of the way. A solicitor can guide and support you through the personal injury claims process. They will be able to make sure that you know what to expect.

For more information and support on the personal injury claims process if your claim goes to court, please contact our team.

Can A No Win No Fee Solicitor Help With The Personal Injury Claims Process?

Our specialist team is experienced in helping people to make a wide variety of different personal injury claims. Our advisors are on hand to listen to your case and if they think we could help you, they could connect you to one of our specialist personal injury solicitors.

At Legal Expert one of our solicitors could help you claim by using a Conditional Fee Agreement. This is a way to claim on a No Win No Fee basis. It means that if your claim is not successful, there will be nothing to pay your No Win No Fee solicitor for their services. You also won’t be asked to pay any upfront or ongoing fees for your solicitor’s work on your claim.

If you are awarded a personal injury compensation settlement you will be charged a success fee. This fee is an agreed percentage. The maximum percentage which can be charged is limited by law.

For more information on how the personal injury claims process works, please contact us using the channels below.

• Talk to a member of our team 0800 073 8804.
• Use our form to start your ‘claim online’.
• Speak to our team using the live support below.

More Resources About Claiming Personal Injury Compensation

Below we have included further helpful guides to personal injury claims from across our site. These resources could provide further guidance on making a compensation claim.

• In this guide we look at how to find the best personal injury solicitors for your claim.
• Check how slip, trip and fall solicitors could help you claim compensation.
• This guide looks in more detail at how to claim compensation for a personal injury.

Additional references

• This resource looks at how to access your health records from the NHS.
• Find out how to request CCTV footage of yourself in this government resource.
• You can learn about paying for your own care in this NHS guide.

Thank you for reading our guide to the personal injury claims process. Our team is ready to help you claim compensation.