The personal injury claims process is a legal route individuals embark on to pursue compensation for injuries caused by the negligent actions of a third party, such as an employer or another road user. It involves multiple steps, from obtaining initial medical care in the immediate aftermath of an accident to gathering supporting evidence and ensuring that any financial losses you have suffered because of your injuries are fully documented.
While the fundamental process remains consistent, no matter where and how you were harmed, it is still common to feel overwhelmed if you are at all unfamiliar with what a personal injury claim entails. It is important to recognise that you will not be alone when pursuing a claim, as our experienced solicitors at Legal Expert can provide dedicated support to claimants.
Our solicitors can help you navigate the process, using their legal knowledge and skills to guide you through each stage of the claim. Besides legal advocacy, we can also assist you in rebuilding your life by connecting you with counsellors, physiotherapists, and a range of other recovery specialists.
So, contact our advisors to discuss any aspects of the personal injury claims process you have questions about or have a free consultation to see if you can seek compensation in your own circumstances.
4.8 (466 reviews) Step One: Initial Claim Assessment And Eligibility
The first step to pursue a personal injury claim is to undergo an initial claim assessment to determine your eligibility to pursue compensation. If you contact our friendly advisors, they will conduct your consultation via a confidential telephone call or live online chat to discuss your accident and injuries. The purpose of this is to get a record of where you sustained your injuries, what happened, and whether you meet the claims eligibility criteria.
To pursue a claim, you must meet and have the necessary evidence to prove that:
- A third party owed you a duty of care: This refers to a legal obligation to protect your health and safety through reasonable steps, which are likely to vary depending on the setting. Third parties owe a duty of care to others’ safety in many specific areas of daily life, including at work, on the roads, and in public places.
- The third party breached their duty of care: If a third party commits negligent acts or omissions (failing to act), this may place them in breach of the duty owed to you. For example, your employer might fail to perform regular safety inspections or provide necessary protective equipment.
- This directly caused an injury: For a personal injury claim to be valid, you must show that the breach resulted in you suffering physical or psychological harm. Say your employer’s failure to supply protective headgear led to you being struck by falling debris. This might have resulted in a traumatic brain injury (TBI) and anxiety, both of which could be covered by a claim.
The combined criteria amount to negligence, which can provide grounds to make a claim for your injuries and move on to the next stage. For your free claims assessment, please contact our team today.
Step Two: Establishing Liability And Responsibility
The second stage of the personal injury claims process is to establish third-party liability. This is to determine whether the person or organisation you are issuing the claim against was responsible for the injuries you sustained in an accident.
After undergoing the initial claims assessment, you would have been informed whether you are eligible to pursue a claim. If so, you have the option of being connected with a solicitor who can handle your case. You will have a conversation with them through your preferred method of communication regarding the circumstances of your claim.
During this discussion, you will be asked to provide a detailed account of the incident that caused your injuries and the circumstances that followed. They may wish to know:
- What injuries you sustained and the financial losses incurred
- Who you believe is responsible for your injuries, such as a negligent employer or a fellow road user
- What happened before, during, and after the incident, including any medical care you received
- How the third party responded following your injury, which an accident book report may detail if you were harmed at work or in public
- The impact on your family life, employment, and overall wellbeing
- Whether you have already obtained any evidence to support your claim
Get in touch with our advisors to discuss the circumstances of your injury and learn more about how to determine liability.
Step Three: Gathering Evidence To Support A Personal Injury Claim
The third step of the personal injury claims process is to gather evidence to support your claim. Evidence refers to a collection of information that paints a clear picture of how a third party acted negligently, directly causing your injuries. Some of the most common examples of evidence that can support a personal injury claim include:
- Medical documents: These can include copies of your medical records detailing prescriptions, specific diagnoses, treatment plans, and any long-term prognosis.
- Video footage and photographs: CCTV footage, dashcam recordings, and photographs can provide clear, visual insight into the circumstances of the accident and what injuries you’ve suffered.
- Diary entries: Your own written account, outlining the incident, your injuries, and how they impact your life.
- Official documents: For example, you may obtain a copy of the incident details noted in an accident report book or a police report.
- Witness statements: If anyone saw you sustain the injuries, whether colleagues or other road users, obtain their details so they can be passed on to a solicitor. Only a solicitor can collect a witness statement, but getting contact information early on may help your legal representative.
- Financial records: These can include payslips for lost earnings, as well as bank statements and receipts documenting payments for prescriptions or dedicated carers.
It is necessary to collect as much evidence as you can to support your claim. If you need assistance with this, we can help. Our solicitors have extensive experience not only in reviewing documentation, but also in actively obtaining the evidence needed to build strong claims.
Contact our advisors today to learn more about how our team can help support a personal injury claim.
Step Four: Obtaining Medical Evidence And Expert Reports
The fourth step of the personal injury claims process is to obtain medical evidence and expert reports. At this stage of the claims process, your solicitor may set up an independent medical assessment. This is used to establish the extent of injuries, their broad impact, and how they might have been sustained.
During this assessment, your injuries will be thoroughly examined, and you may receive a prognosis and treatment recommendations. Following this, the independent assessor will write up a professional and unbiased report of their findings. This can then be used as evidence to further strengthen your claim.
If you have any questions about medical assessments and reports, please contact our advisors.
Step Five: Valuing A Personal Injury Claim
The fifth step of the personal injury claims process is to value a compensation payout. Solicitors value payouts by assessing 2 heads of claim: general damages and special damages.
General damages is the head that compensates for the physical and psychological injuries you sustained. When valuing this, your solicitor may review any report of your injuries written by an independent medical assessor and refer to the Judicial College Guidelines (JCG).
The JCG is a useful publication for assessing general damages, as it lists suggestive compensation brackets for many forms of injuries and illnesses. These include physical conditions such as paralysis and concussions, as well as post-traumatic stress (PTSD) and other kinds of psychological harm.
Your solicitor may also assess any loss of amenity. This refers to how your injuries have impacted your quality of life or everyday activities. For example, severe spinal damage can have a drastic effect on mobility and independence, with knock-on consequences for employment or simply the ability to play sports.
Further, your solicitor may consider what financial losses you incurred as a result of your injuries. These can be claimed under special damages, provided that you have payslips, bank statements, or other proof of related costs. Some examples of expenses include:
- Lost wages, employment benefits, and future earnings
- Private consultations and treatments, as well as physiotherapy and counselling
- Care, such as supportive living or assistance from a professional carer
- Supportive equipment, ranging from walking aids to wheelchairs
- Home and vehicle modifications, which might involve accessibility improvements to accommodate a disability
- Damaged personal belongings, encompassing clothing, jewellery, and electrical devices
Our solicitors are meticulous in their assessments, ensuring that every claim they handle is accurately valued and truly reflects the extent of someone’s pain and suffering. Reach out to our friendly advisors today to find out more.
4.8 (466 reviews) Step Six: Submitting The Claim To The Responsible Party – Pre-Action Protocols
The sixth step of the personal injury claims process is to submit the claim to the responsible party you are pursuing compensation against. At this stage, the Pre-Action Protocols begin. This is a series of steps the courts require parties to follow to exchange information and negotiate toward a fair, mutually acceptable settlement.
The Protocols work to provide clarity for all involved parties and ensure that going to court remains a last resort. Their main elements include:
- A Letter of Notification: This informs the opposing party that a claim will likely be broughtagainst them.
- Rehabilitation: Here, all parties consider the claimant’s medical needs and requirements.
- Creating a Letter of Claim: This formally notifies the defendant that a claim is being opened. It will contain an overview of the basis of the claim, including injuries and losses.
- Response: Following this, the defendant will have 21 days to acknowledge the letter, followed by upwards of 3 months to investigate.
- Disclosure: This refers to providing any documentation that clarifies disputed matters and facilitates their resolution.
- Expert reports: The parties are encouraged to gain expert medical reports regarding their injuries.
- Negotiations following admission: If a defendant admits liability, then a Part 36 offer could be made to reach an out-of-court settlement.
- Alternative dispute resolution: If the parties cannot reach an agreement, alternative methods such as mediation or arbitration are suggested to avoid a court hearing.
The Pre-Action Protocols are a central part of the personal injury claims process, but their strict procedures and deadlines can seem complicated. Therefore, you may benefit from the support of a specialist solicitor who can help you navigate the process. If you have any questions regarding how we could help you, please contact our advisors.
Step Seven: Negotiating A Personal Injury Compensation Settlement
The seventh step of the personal injury claims process is negotiating a compensation settlement. During this stage of the process, the parties involved in a dispute, namely, the claimant, defendant, and solicitors, exchange offers to reach a mutual settlement agreement.
Throughout this stage, the parties engage in discussions regarding the claimant’s injuries and losses to determine a fair and appropriate compensation amount. This may lead to offers going back and forth between the parties until a settlement is reached.
What Happens If Liability Is Denied?
If the third party denies liability, your solicitor may need to place greater focus on finding evidence to clearly establish how they were at fault for the injuries you sustained. They can also engage in further negotiations to try to reach a mutually acceptable settlement.
However, if liability continues to be denied and a settlement cannot be agreed upon through negotiations, solicitors may recommend that the case be tried in court. You can learn more about this below.
If you would like the support of a qualified solicitor in navigating disputes in liability and negotiating a personal injury compensation settlement, contact us today.
Step Eight: Taking A Personal Injury Claim To Court
The eighth step in the personal injury claims process can involve going to court. This is rare, as most claims are settled before reaching this stage. Instead, taking a claim to court is more of a last resort than a first choice for reaching a settlement. As such, legal representatives focus on the first 7 stages of the process to ensure the claim is handled in the most efficient and appropriate manner.
Generally, each party to a claim aims to avoid a court hearing, as it can be costly, time-consuming, and add more pressure. However, depending on the circumstances of a personal injury claim, going to court may be necessary. For example, if liability is denied or negotiations fail due to irreconcilable differences over compensation, it may be in the parties’ best interest to proceed to court.
If a claim does require a hearing, our solicitors have the expertise to help clients prepare their case, understand what to expect, and secure the right barrister to represent them. Your solicitor will stay by your side every step of the way, ensuring you get the support you need.
If you have any questions about the personal injury court process, do not hesitate to contact our friendly advisors.
Personal Injury Claims Process Considerations
The main considerations in the personal injury claims process include time limits, how long a case may take to settle, and funding options for hiring legal representation. We discuss these key points in detail in the following sections.
Time Limits For Making A Personal Injury Claim
There is a 3-year statutory time limit set in place for pursuing a personal injury claim. This will typically commence on the day you sustained your injuries, although there are some exceptions to this.
Regardless, it is useful to keep a record of any key dates to ensure you do not go beyond the limitation period. In such circumstances, your claim may be time-barred, depriving you of the opportunity to pursue a claim.
Read our time limit guide to learn more about this.
How Long The Personal Injury Claims Process Can Take
The duration of the personal injury claims process varies depending on the circumstances of the case. As such, there is no universal, defined timeframe for settling a claim and receiving compensation.
Some factors that may determine the length of a personal injury claim include:
- What evidence is available or needed to support your claim or establish the opposing party’s liability for your injuries
- Whether liability is admitted early on or continues to be disputed by the defendant
- The extent of your injuries, which may require ongoing treatment and lead to an unclear prognosis. This can delay how long it takes to get a clearer picture of the full impact
- The length of settlement negotiations, as there might be disagreements over the compensation amount
- Whether your case goes to court. This is a rare event, with the majority of personal injury claims settling before a judge’s intervention might be required
However, our solicitors will utilise their legal skills to reach a settlement and secure a compensation payout for you in a timely manner.
Funding A Personal Injury Claim And Legal Costs
Funding a personal injury claim is something you might be considering, as personal injuries can be costly themselves. At Legal Expert, our solicitors operate on a No Win No Fee basis through a Conditional Fee Agreement (CFA).
By signing a CFA, you get access to expert support without needing to pay any service fees to your solicitor for their legal representation at various stages of the claim:
- Upfront
- During the progression of the claim
- In the event you are not awarded compensation
You will pay a small success fee if your personal injury claim is successful. This is kept small as it is taken as a legally capped percentage of the compensation. So, you will have certainty from the outset that the largest share will stay with you.
If you have any additional questions regarding the personal injury claims process, please contact our knowledgeable advisors.
Claiming For Personal Injury Compensation With Legal Expert
You may greatly benefit from claiming personal injury compensation with our solicitors at Legal Expert. Not only do they offer professional services grounded in deep knowledge of the legal process to help navigate the complexities of a claim, but they also have the compassion and determination to help you get your life back on track.
Why Choose Legal Expert’s Solicitors For Personal Injury Claims
By choosing to pursue a personal injury claim with our specialist solicitors at Legal Expert, you can expect to receive high-quality, professional, and compassionate legal representation. They use their years of education, training, and experience to provide insightful, individualised support that puts clients’ needs at the centre of their work.
As you navigate your way through the claim, the solicitor can:
- Walk and support you through each stage of your claim
- Explain complex legal jargon, laws, contracts, and documents
- Accurately and fairly calculate a potential compensation payout
- Help you gather evidence to prove and build your claim
- Negotiate a settlement that reflects how you have been affected by an injury
- Set you up with mental health services and other rehabilitation specialists
- Assist you in applying for interim payments to help pay emergency costs while your claim is underway, such as private medical treatments
We recognise that the right solicitor can make all the difference when navigating the personal injury claim process. So, if you decide to work with Legal Expert’s team, you can trust that your legal representative will work tirelessly to give whatever support you need and secure the compensation you deserve.
Contact Legal Expert Today
Contact our advisors at Legal Expert for free today to take your first steps toward claiming personal injury compensation with us by:
- Calling on 0800 073 8804 for a free consultation regarding your eligibility to pursue a personal injury claim
- Filling out our online form
- Messaging on a live and confidential chat to discuss your situation, or ask any questions about the claims process
Our helpline is available 24 hours a day. So, please get in touch at a time that suits you.
More Information
Find more information about personal injury claims by reading our guides linked below:
- Browse our comprehensive legal glossary
- Answers to personal injury frequently asked questions
- Learn how to get more money from a personal injury claim
References:
- Find an urgent care facility, NHS.UK
- Learn about reporting a safety issue to the Health and Safety Executive, hse.gov.uk
- Information about Statutory Sick Pay, GOV.UK
Thank you for reading this guide, which explains the various steps making up the personal injury claims process.
