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What Happens When You Make A Claim For Your Accident Or Injury?

Welcome to our guide that discusses what happens when you make a claim. You may be reading this after suffering an accident that was caused by a breach of duty of care. Furthermore, you might already be aware that you can make a claim for personal injury compensation in a situation like this. But what are the steps that you’ll go through in the personal injury claims process? That’s what we will look at in this guide.

What happens when you make a claim for your accident or injury guide

What happens when you make a claim for your accident or injury guide

Every claim will have different circumstances, and no two claims will be identical. However, there are a number of different processes and stages that will be similar across different kinds of claims. Whether you’ve been injured in an accident at work, on the road or in a public place, the guidance in this article should help you through the process of claiming. Furthermore, we discuss how we can help you in making a claim.

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A Guide On What Happens When You Make A Claim

In this guide, we will aim to give you as much information as we can about the process of claiming for an accident or injury that was caused by a breach of duty of care. To begin with, we will look at what a personal injury claim is and when you might be eligible to make one.

Next, we will look at how you can choose a personal injury solicitor to work on your case. We’ll also examine how you can begin the personal injury claims process and how you can negotiate for a settlement that you feel is fair.

Furthermore, we will look at the different things your compensation could cover when you make a personal injury claim. We’ll also examine the different kinds of evidence that you may need to provide to support your claim.

To conclude, we’ll look at No Win No Fee agreements. We’ll examine the benefits that they can offer to claimants who want to fund legal representation for their compensation claim.

Our team are available 24/7 to handle your enquiries about how to claim. Even if you do choose to get in touch, there’s no obligation for you to continue with a claim. But if you do want to pursue your claim, then we can connect you with one of our solicitors to represent you.

What Is A Personal Injury Claim?

If you’ve been injured in an accident that wasn’t your fault, you may be able to claim compensation for your injuries and the financial impact that they have had on you. You could do this through a personal injury claim.

In order for you to make a personal injury claim, it is not enough that you are injured. You also need to prove that your injury came about because someone who had a duty of care towards you breached this duty, and you were injured as a result.

What is a duty of care?

There are a number of different scenarios where you’re owed a duty of care. For example, all road users owe one another a duty of care. Road users are expected to act in a way that ensures the safety of everyone on the road and follow the guidance in the Highway Code. If this duty of care is breached and you’re injured as a result, you may be able to claim.

Furthermore, you may be involved in an accident at work because your employer failed to take all reasonably practicable steps to ensure your safety. Their duty of care is outlined in the Health and Safety at Work etc. Act 1974. If they breach this duty of care and you’re injured as a result, you may be able to claim.

Similarly, you’re owed a duty of care while you’re in public by the person in control of the space. This person (known as the “occupier”) needs to adhere to the Occupiers’ Liability Act 1957 and extend the same duty of care to all visitors. If they do not do this and you’re injured as a direct result, you could be owed compensation.

If you’ve been injured in an accident that was not your fault because someone else breached the duty of care they owed you, speak to our team today to start your claim. Or you can read on for more information about what happens when you make a claim.

Choosing A Solicitor

When you make a personal injury claim, you may choose to have a solicitor represent you in your claim. There’s no legal requirement to do this, and you can claim compensation on your own. However, you may find that the guidance and knowledge of an expert personal injury solicitor help you get more money from your claim.

Many people assume that they need to pick a solicitor in their local area to represent them. However, this isn’t always the case. For instance, our solicitors offer a nationwide service, which means we can help wherever in the country you are.

You may find reviews to be helpful when choosing legal representation. Our review page includes testimonials from past claimants that may be of use to you.

It’s important to keep in mind that you’re not obliged to go with a particular solicitor for any reason. For example, you might receive a phone call from someone offering to represent you in your claim; however, you’re not required to go with them just because you have been approached by them.

Pre-Action Protocols For Personal Injury Claims

In order for the claims process to begin, you will need to carry out certain steps. If the claim is of a low value, then it would be put on the claims portal and a Claim Notification Form would be filled out and sent to the defendant.

If it’s not a low-value claim, then a letter of claim will be sent to the third party. This will notify them of your intention to claim.

Notifying The Defendant

Within the letter of claim, you will be expected to include:

  • A clear summary of the facts of the claim
  • The nature of any injuries sustained (both physical and mental)
  • The value of any financial losses that you are looking to claim back
  • Sufficient detail so that the defendant will be able to assess whether or not they are liable for the incident

You’ll usually send two copies of your letter of claim. One of these will be sent to the defendant, and the other should be passed on to their insurance company. The letter of claim should be passed on to the insurance company as soon as possible and no more than 7 days after being received by the defendant.

Getting Evidence To Support Your Claim

When you make a personal injury claim, it’s vital to the success of your claim that you provide evidence. You’ll need to provide proof that the accident in which you were injured was caused by a breach of duty of care. Furthermore, you’ll need to prove that you sustained the injuries that you are claiming for.

If you choose to work with a personal injury solicitor, then they can help you to collect evidence to support your claim. Some things that you might provide to show that the accident was caused by negligence could include:

    • CCTV footage that shows the accident happening
    • Photographs of the hazard that led to the accident, for example, a wet floor with no sign
    • A report from an accident book
  • The details of witnesses who could provide statements
  • Dashcam footage

If you’ve got any more questions about what happens when you make a claim, please don’t hesitate to speak to our team for more information. Otherwise, you can read on for some more information about the medical evidence that could impact the amount of compensation you receive.

Gathering Medical Evidence To Support Your Claim

As well as proving that the accident occurred as a result of negligence, you also need to prove that you were injured in the way you are claiming for. Because of this, it’s important to have medical evidence to support your claim.

This is one of the reasons it is so important that you seek medical attention after being involved in an accident. The medical reports that are generated when you go to the doctors or hospital could provide evidence to support your claim.

Furthermore, you will usually be invited to a medical assessment as part of the claims process. Here, an independent expert will examine your injuries and confirm that they happened as a result of the accident you were involved in. They will also compile their findings in a report which will be used to determine the value of your claim.

In addition to this, they will also detail their prognosis in this report. This will include how long your symptoms are likely to affect you and any treatment you might need. This could support your claim for the financial impact your injuries have had, as you may need to pay for expensive treatment or make adaptations to your property to cope.

How Your Settlement Is Negotiated

Negotiations on how much compensation you receive will be carried out in the pre-court stage. Usually, both parties will want to settle out of court. This is because going to court can be costly.

You won’t generally meet directly with the defendant to negotiate an offer. If you choose to work with a solicitor, they will meet with the defendant’s solicitors in order to come to an agreeable outcome. However, it will always be entirely up to you whether to accept a settlement offer or not.

In many cases, personal injury claims are settled in this pre-court stage. Sometimes, however, the two sides cannot agree on an appropriate settlement, and the case goes to court.

Court Cases Below £25,000

If your claim is worth less than £25,000, it will generally be put through a fast-track system. This system means that the claim should be heard in court within 30 weeks of the case being allocated. Once the case goes to court, the trial will usually not last longer than a day.

In the period of time before the case goes to court, the claimant and defendant will let each other know what evidence they will present. There may be an opportunity for the case to be settled before going to trial.

If the claim is worth £25,000 or more, then this fast track system will not be appropriate. This is because there are likely to be complications or expert witnesses that could increase the amount of time the claim takes.

In these situations, the court will issue a general timescale for the claim. This enables everyone involved in the process to be aware of key dates going forward.

Out Of Court Settlements

In some cases, there may be a dispute that cannot be resolved between the two parties about who was to blame for the accident, and in these cases, court proceedings will be unavoidable. It is always possible, and indeed very common, for a case to be settled before a court trial begins.

When you attempt to settle a claim out of court, you or your legal representative will meet with the defendant’s representatives in an attempt to come to an agreement. You should be kept informed of any offers that the defendant makes to you. It will always be your choice whether or not to accept an offer, but if you use a solicitor, they may offer you advice.

What Is Compensation And How Is It Calculated?

Compensation is the official term for the money that you receive as a result of your claim. Personal injury compensation is not a fine or a punishment for the person at fault for the accident; instead, it’s an attempt to return you to the position you were in before the accident as much as possible.

Compensation in a personal injury claim can be made up of two “heads” of claim. These are general damages and special damages.

General damages are the part of your compensation that covers you for the physical and psychological impact that your injury has had on you. It can be worked out with the help of the report from your medical assessment and guidelines from the Judicial College.

Special damages relate to the other expenses that arise due to your suffering. This might include things like a loss of earnings if you have needed to take time off work. Additionally, they could cover any home or vehicle modifications that you need to cope with your injuries.

The table below provides some examples of what you could claim in general damages for a wide variety of injuries. These estimates come from the Judicial College. However, if you don’t see your injury listed, don’t worry; just give us a call, and we can value your claim.

Edit
Injury type Notes How much?
Very severe brain damage Little to no meaningful environmental response and the need for full-time care. £264,650 to £379,100
Moderate brain damage (i) An intellectual disability which is moderate to severe, an impact on personality and a significant risk of epilepsy £140,870 to £205,580
Psychiatric damage of a moderate severity Significant problems with life, education, work and relationships. However, there will be a more optimistic prognosis than in more serious cases. £17,900 to £51,460
Psychiatric damage that is less severe The injured person’s sleep and daily life will have been affected £1,440 to £5,500
Total deafness The higher end of this bracket will involve a speech deficit and tinnitus £85,170 to £102,890
Chest injury Traumatic chest injury resulting in permanent damage and a reduced life expectancy £61,710 to £94,470
Chronic asthma Resulting in difficulties breathing, a need for an inhaler and an uncertain prognosis £24,680 to £40,370
Severe neck injury (ii) Injuries which are considerably severe and give rise to permanent disabilities will usually fall in this bracket. For example, loss of movement in the neck or an impact on function in one or more limbs £61,710 to £122,860
Moderate back injury (iii) Injuries like disturbance to ligaments and muscles which lead to backache and soft tissue injuries. £11,730 to £26,050
Moderate shoulder injury Frozen shoulder where movement is limited for about two years £7,410 to £11,980

What Happens When You Make A No Win No Fee Claim?

Now that we’ve looked at what happens when you make a claim let’s take a closer look at how you could fund legal representation for the claims process. You can use something called a No Win No Fee agreement to do this.

A No Win No Fee agreement is a contract between your solicitor and you. It sets out the conditions that you need to meet before you pay your solicitor for their representation.

With a No Win No Fee agreement, you won’t be asked to make any upfront or ongoing payments to your solicitor. And if your claim is not successful, you won’t have to pay them anything at all.

If your claim is successful, then your solicitor will take a success fee from your compensation. This is legally capped and ensures that you always get the majority of the compensation awarded to you.

If you would like to know more about claiming on a No Win No Fee basis, speak to a member of our team today. We’ve included our contact details in the section below.

Start Your Claim

We hope you now have a good understanding of what happens when you make a claim. If you would like to know more, or if you would just like more information on the claims process, you can:

Keep in mind that our advisors are available 24/7 to handle your potential claim. Furthermore, there’s no specific obligation for you to progress with your claim even after speaking to us.

Learn More About How Injury Claims Work

If you want more information about what happens when you make a claim, the links below will prove useful. And they provide a combination of external sources and other articles that we have containing further claims guidance.

We look at how you can make a claim after you suffer an accident at work on this page.

We also have a page that answers frequently asked questions about car accident claims.

Furthermore, in this guide, we look at how you could make a medical negligence claim against the NHS.

This NHS page looks at when you should go to A&E.

If you want to claim on behalf of someone who cannot claim themselves, then this page on litigation friends might help.

Find out what kinds of injuries at work are reportable to the Health and Safety Executive.

FAQs On What Happens When You Make A Claim

How long after an accident can you make a claim in the UK?

You generally have three years to start a personal injury claim after an accident, but this can vary depending on your circumstances. Call our team today to find out what exceptions could apply.

What happens if I lose my personal injury claim?

If youR personal injury claim is unsuccessful with a No Win No Fee agreement, you won’t pay your personal injury solicitor’s legal fees. However, you would not receive any compensation for your injuries.

If I get injured at work, do I get paid?

You could receive Statutory Sick Pay (SSP). Check online to see if you’re eligible.

Thank you for reading our guide that explains what happens when you make a claim.

Written by Armstrong

Checked by Stocks