Personal Injury Claims Process
There are certain key questions that most people who want to make a personal injury claim have. Below we’ve answered the most common…
How long have I got to make a claim?
With accident and injury personal claims, there is a set period of three years in which you have to make a claim from the date of the accident. This is known as the ‘limitation period‘. After this time it’s too late to make a claim in nearly all cases.
For disease-related cases, such as diseases related to asbestos exposure, then the three year period would start from when you were first diagnosed with the disease or were aware that it could be related to exposure to asbestos.
How much compensation will I receive?
This is obviously a hard question to answer, as it will depend on the severity of the injuries sustained and the financial impact the injuries have.
When compensation is being calculated, medical evidence and specialist reports will be taken into account. The amount you receive will be based on how much the injuries affect your life now and how they might affect you in the future, especially in terms of your ability to work. For more information on this read our claims payout guide.
Do I need a specialist accident and injury solicitor?
Whilst it isn’t a requirement to hire a specialist accident and injury solicitor to work on your compensation claim, it is recommended. Specialist solicitors have experience with working on all types of personal injury claims and will usually be able to secure you the best amount of compensation possible.
Can I make a personal injury claim for accident compensation or other work-related diseases?
Whilst a lot of people suffer accidents at home and in the workplace, if you feel that you have been injured and someone else is responsible, then you can make a personal injury claim, as long as it’s within 3 years of the accident happening. You can claim for pain and suffering as well as the losses incurred as a result of being unable to work.
With any type of personal injury claim, the responsibility falls on you (and your solicitor) to prove that the injury or illness was caused by the negligence of a third party.
How to make a personal injury claim
Firstly, you need to be eligible to make a personal injury claim. That means you have to have been hurt in an accident that wasn’t your fault in the last three years. Or, you have suffered some form of disease at work after being exposed to a harmful chemical or noise.
Once you have identified that you fall into this category, you can then start the personal injury claim process.
It has been estimated that over three million people are injured in accidents each year through car accidents, in their homes, at work and on public premises. In the majority of these cases, it is often caused as a result of someone else’s negligence. It is therefore the victims right to be compensated for this.
Even though personal injury law is a complicated area, with the help of our personal injury solicitors the personal injury claim process can be quite straightforward. As part of the personal injury claim procedure our solicitors offer a free consultation and will be able to tell you if you have genuine case or not.
What will our solicitors need from you to start the personal injury claim process?
In order for our personal injury solicitors to assess your case they will need;
- the date of the accident
- the place of the accident
- details of the witnesses present; and
- the details of your injuries, including a medical diagnosis and treatment
As part of the personal injury claim process our solicitors may also need to see:
- proof of your loss of earnings and other financial expenses which are the result of your injury;
- documents relating to any insurance policies you have (such as household or motor insurance) to check whether these will cover the legal costs of your claim; and
- any documents that can be used to support your claim, including documents from before your accident or any evidence of previous accidents in similar circumstances.
Making your claim
The first step in making a personal injury claim is for our solicitors to send out a letter to the defendant (the person you hold responsible for your accident or injury). They can then find a specialist to help support your claim, such as a doctor who will carry out a local medical examination to assess the extent of your injuries.
We then wait for the defendant to respond to the claim and either accept liability or deny it. If the defendant accepts liability, then we can work on a settlement on your behalf without any need to attend court, the majority of personal injury claims are settled this way.
Making an offer
Our personal injury solicitors can advise you on the value of your compensation claim so we can then make a realistic offer to the defendant. Once you have decided on the minimum amount you’re happy to accept, we’ll send your offer to the defendant and wait for their response. This is known as a ‘Part 36 offer’. It’s possible that the defendant will respond with their own Part 36 offer, in which case our solicitors will be able to advise you what to do.
If the defendant isn’t willing to settle, the next course of action is to start court proceedings. Our solicitors can fight your case in court and try to ensure that you get a compensation settlement that you are happy with.
There are several ways for you to fund your personal injury claim with Cute Injury. Our solicitors can work based around their hourly rates, alternatively that can provide No Win No Fee* agreements. Contact us directly and we’ll be happy to discuss exactly how our fees work.
Covering your costs
Whilst there is no longer legal aid available for personal injury cases, your legal costs can be met through a No Win No Fee* agreement. If you win your case then the defendant will be responsible for your legal costs, as well as the amount of your compensation.
When you hire us to work on your personal injury claim, we will be able to answer any questions or concerns you have related to cost. Some common questions our clients have are:
- How are the costs for a case calculated; and what is my case likely to cost?
- Do you offer a No Win No Fee* policy or is payment at a fixed rate?
- Who pays the legal fees if I lose my case?
- What are the options for funding my case?