Seeking clarity on the personal injury claim process in the UK?
With an exceptional reputation for providing professional legal advice and representation for individuals with a personal injury claim, you can rely on our expert team of solicitors to point you in the right direction.
What is a personal injury claim?
A personal injury claim refers to the legal action of seeking compensation for the physical or psychological harm and losses that an individual has suffered as a result of negligence or an accident that was not their fault.
It seeks compensation not only for the harm caused by the injury itself, but also any related losses and expenses incurred by the process. For example, the defendant may be required to cover some or all of the claimant’s legal costs.
Whether the accident occurred in the home, at work, or on holiday, personal injury claims are common for accidents related to:
- Road traffic accidents
- Criminal offences, such as assault
- Accidents at work, such as falls
- Public space accidents
- Medical negligence
- Faulty goods or services
- Animal incidents, such dog bites
Who can make a personal injury claim?
Crucially, individuals that are eligible to make a personal injury claim must have suffered harm as a result of either an accident or negligence. For example, if your employer was careless with abiding by health and safety regulations and you suffer a physical injury, you could have a personal injury claim.
Similarly, if no one is at fault or it couldn’t have reasonably been predicted the accident would happen, then it’s not possible to claim compensation.
How long does a personal injury claim take?
A personal injury claim can take anywhere between a few months to several years to be resolved, but according to the Legal Ombudsman, most claims are settled between 12 and 24 months.
A variety of factors including the complexity of the case, severity of the injuries, and whether the other party admits liability will all have an impact on the claim timeline.
Plus, it’s often advisable to settle a personal injury claim only after you’ve recovered or have received a firm prognosis from a medical expert.
As a result, how long it takes you to recover or receive a prognosis will also have a significant impact on the length of your claim.
This is where speaking to an experienced personal injury solicitor can help you to set realistic expectations regarding the claims process.
At Mark Reynolds Solicitors, we’ll take the time to understand your case and advise how long the claims process is likely to take for you.
What to expect during the personal injury claim process
- Solicitor consultation
The first step to making a claim is contacting an experienced personal injury solicitor near you, like Mark Reynolds. After assessing your case and its validity, they’ll start the process on your behalf.
- Evidence collection
From photographs, videos, and CCTV footage, to witness statements, accidents reports, and medical records, there’s a wide range of evidence-related documentation that must be collected to support your claim.
Gathering this evidence is essential for proving that the accident or someone’s negligence was the cause your injury – the basis that your personal injury claim heavily relies upon.
- Letter of Claim
Also known as a Letter Before Action, this document is sent by the claimant’s solicitor to the individual or entity against whom the personal injury claim is made, informing them of the claim, the desired compensation, and the potential consequences of failing to respond or settle the dispute.
- Defendant’s response
After receiving the Letter of Claim, the defendant typically has a 21-day period to acknowledge it and three months to fully investigate and respond, ultimately admitting or denying liability for the personal injury or asking for more information about the claim.
- Medical assessment
Typically conducted by an independent medical expert, a medical assessment and report is crucial for establish the extent and impact of the injuries, their relation to the accident, and the value of your personal injury claim.
- Negotiation
To settle the claim, your solicitor should negotiate on your behalf with the other party or their insurer. This process tends to involve a series of compensation offers and counteroffers until anagreement is reached.
- Litigation
Though not always necessary, if a settlement can’t be reached, your next step should be seeking legal representation for court proceedings. This is where both sides present their case, and a judge determines liability and the amount of compensation in line with the evidence.
What evidence can help to strengthen your case?
To increase the chances of winning your personal injury claim, you should prioritise gathering evidence that demonstrates the other party’s negligence, the severity of your injuries, and the extent of your financial losses.
Examples of evidence that demonstrates:
Negligence
- CCTV footage
- Witness statements
- Accident reports
The extent of your injuries
- Medical records – A&E and GP visits, specialist appointments, etc.
- Photographs of injuries
- Medical reports
- Accident book entries
Your financial losses
- Payslips, employment contracts, and P60s
- Bills for treatment, medications, and home modifications
No-win, no-fee legal support
At Mark Reynolds Solicitors, we make understanding the personal injury claims process straightforward.
With specialist legal advice from our attorneys, we can help you to smoothly navigate the complexities of the process, increase your potential compensation, and keep you on track to meet critical legal deadlines.
We also operate on a no-win no-fee basis for personal injury, which means you don’t pay a penny if you’re not awarded compensation – regardless of whether it’s the result of a road traffic accident, medical negligence, or faulty goods.
On the lookout for a local, Warrington personal injury solicitor? With offices in Liverpool, Leigh, Runcorn, and Warrington, our team is conveniently located to support prospective clients across much of the North West of England.
From negotiation to legal representation in a court environment, why not speak to our highly experienced team today to find out how we can help you receive the compensation you’re entitled to?
Start the conversation by calling 0800 002 9577 or filling out our online contact form.
FAQs
When does negotiation take place and who handles it?
Negotiation is often the last stage of the personal injury claim process in the UK (unless court proceedings are required). Your solicitor will handle this process on your behalf, liaising with the defendant’s insurer or solicitor to reach a fair agreement without going to court.
Both parties will take into consideration the injuries, losses, and expenses of the claimant when making their offers and counteroffers.
How are injuries assessed and who is responsible for the medical report?
The claimant’s injuries are typically assessed by an independent medical expert (often a doctor or specialist depending on the type of injury). It is their responsibility to create a report that outlines the extent of the injuries and the impact they’ve had on the claimant.
An objective piece of evidence, the medical report is vital for supporting any personal injury claim as it can be used to calculate the appropriate level of compensation – especially if the case ends in litigation.
In some cases, more than one report may be required and you might need to seek several medical opinions. To ensure you receive all the compensation you’re entitled to, it’s often beneficial to settle your claim after you’ve made a full recovery or have a firm medical prognosis.
The claimant’s solicitor is normally responsible for arranging and paying for the medical assessment. However, this cost is often recovered from the defendant if the claimant wins their case.
Keeping track of all expenses related to your personal injury claim is therefore essential to ensuring you receive sufficient compensation.
How much compensation can you receive for personal injury in the UK?
Personal injury compensation varies from case to case, impacted by factors like the extent and type of injury, its impact on the claimant’s life, and the expenses incurred. As a result, you can receive anywhere from £1000 to hundreds of thousands or even millions.
Typically, the more severe your injury and its repercussions, the more compensation you’re likely to receive. For example, general damages for a simple nose fracture tend to amount to £430.91-£2585.45, while a severe back injury can amount to £129,272.25– £258,544.50,according to the Judicial College 2021 guidelines.
Fortunately, an experienced personal injury solicitor can help you to gain a more accurate idea of how much compensation you’re likely to receive for your claim by discussing your specific case.
Looking for Liverpool personal injury compensation? Talk to the helpful team of solicitors at Mark Reynolds today.
When will you receive any compensation award?
Determining when your personal injury compensation will be paid is dependent on whether you reached a settlement in or outside of court.
For personal injury claims settled outside of court during the negotiation stage, you should receive payment within 14 days of the settlement agreement.
For cases where court judgement is needed to resolve the claim, the compensation is often required within 21 days from the date of the court order.