5 Steps to Making a Personal Injury Claim

If you have suffered an injury and someone else was at least partially to blame, you could make a personal injury claim. Making a personal injury claim may seem complicated, particularly if you are concerned about your physical and mental health, or your finances. However, bringing a claim might be easier than you think. In this blog, I’ll set out the five stages of bringing a personal injury claim.

1.   Contact a personal injury solicitor

If you want to bring a personal injury claim, you will need to contact a solicitor. You may never have needed a lawyer before and choosing a personal injury lawyer can seem confusing. The solicitor you choose should have experience in making personal injury claims, particularly in cases that are similar to yours. Many solicitors offer a free initial consultation, so you can find out whether your claim is likely to be successful, and they may even offer to work with you on a no win, no fee basis.

2.   Calculating your claim and gathering evidence

Once you have instructed a solicitor, they will ask you about what happened to you in detail. They will also gather evidence to support your account of how things happened, and the injuries you have suffered. Evidence may include photographs, CCTV, witness statements, medical records and reports, and anything else that may support your claim.

Your lawyer will also set out the value of your claim. They will firstly assess how much you could be awarded for your pain and suffering, which is determined by the type and severity of your injuries.  They will also set out how much you might expect to receive to compensate you for loss. For example, loss of wages, loss of future earnings, or out-of-pocket expenses.

3.   Negotiating a claim

After your solicitor has set out your claim, they will send it to the party responsible for your accident or injury. They must then respond to the claim within a strict time frame. They may deny liability, or you may enter into a period of negotiation.

4.   Settlement or court action

The majority of personal injury cases are settled outside of the courtroom. Lawyers on both sides strive to reach a suitable settlement to avoid lengthy court battles, media attention and excessive fees. If the parties cannot reach a settlement, or where the person you are bringing the claim against denies liability, you may need to go to court.

5.   Payment of compensation

After you have negotiated a settlement, or obtained a court order, all that is left is for compensation to be paid.

 

If you have suffered a personal injury, get expert advice from the start by contacting Mark Wisby and Gerard Sanders on 01483 887766, email us or start a live chat.

This is not legal advice; it is intended to provide information of general interest about current legal issues. 

 

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Mark Wisby

Associate, Clinical Negligence

Mark is an Associate Solicitor specialising in clinical negligence and serious injury claims. Mark’s role is to investigate allegations of negligence including at inquests to...

Associate, Clinical Negligence

Mark Wisby

Mark is an Associate Solicitor specialising in clinical negligence and serious injury claims.

Mark’s role is to investigate allegations of negligence including at inquests to try and get his clients any additional help they may need and to recover for them the compensation they deserve. He guides his clients carefully through the litigation and alternative dispute resolution process always setting out clearly what the options are and which is the best one.

He has over 30 years’ experience of working for both claimants and defendants including working on secondment for a number of insurers dealing with employers’ liability, public liability, product liability and road traffic accident claims. He has over that time recovered substantial damages for his many clients including over £3 million for one of them.

Mark is a Fellow of the Institute of Legal Executives and qualified at the Inns of Court Temple as a solicitor in 2004.

Mark really listens to what his clients want to achieve and will always tries to ‘go the extra mile’ to secure a successful outcome.

What do Mark's clients say?

"...thank you so very much for handling my case and getting me an unexpected outcome even with its complexity! The settlement has afforded me to cut my hours and afford to take early retirement..."

"A huge thank you for all of your guidance and support. Throughout you have been patient, explaining everything, never offering false hope, always approachable. We can now move forward..."

"I just wanted to say a massive thank you to you for all the hard work you have done for me... I really appreciate it and wasn't expecting anywhere near the final figure, all due thanks to you!"

"Thank you for all your efforts in sorting out my personal injury claim... I also thank you for your clear and concise explanation of legal speak which is hard to understand. All of my meetings with you were productive and interesting and you kept me well informed throughout."

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