The personal injury claims process is different for everyone. This is because there are so many variables that make up the foundations of a personal injury claim, including the accident circumstances, the parties involved and the injuries sustained. It is with this information that a personal injury solicitor is able to assess and distinguish liability within a potential claim, as well as the level of compensation a claimant could be awarded for their injuries.
The benefit of instructing an injury lawyer to manage your claim is that they can help you navigate the personal injury claims process whilst handling all of the legal work on your behalf. PI law firms also manage the majority of injury cases on a No Win, No Fee basis, meaning if you do not succeed in winning your case, you do not have to pay for the legal work undertaken and just simply walk away.
One question claimants often ask is ‘how long will the personal injury claims process take?’. The honest answer to this is that there is no way of telling from the offset. Some claims are straightforward and take less time, others can be challenging and require a lot more negotiation between the two (or more) parties. This means that the personal injury claims process can take anywhere between a couple of months to a few years from start to finish. But this should in no way dissuade you from perusing compensation for your injuries.
There are multiple steps solicitors must take when handling all personal injury claims, but for ease we are going to break it down into 6 key stages for you:
- Initial consultation
- Claim submission
- Quantify Losses
- Collating Evidence
- Negotiation
- Settlement
The Personal Injury Claims Process
Initial consultation
Whether you have made an enquiry with Stonehewer Moss via phone, email, social media or form, we will contact you to discuss the details of your accident and advise on whether we believe your claim has prospects of success.
When you instruct us, we will send you a welcome pack containing all of the relevant documentation and papers which you will need to sign in order for us to proceed with your claim. Once signed copies are returned, you will be introduced to your case manager who will be acting on your behalf and will be your main point of contact throughout the duration of your case.
We ensure that the claims process is as easy and convenient as possible for our clients. You can let your case manager know if you’d prefer to communicate in person, via zoom calls, Skype, WhatsApp, phone or email, so that we can discuss your claim in a way that best suits you.
Claim submission
The third party we believe to be responsible for your injuries must be informed that you are taking legal action against them. To do this we will prepare and send to them a ‘Letter of Claim’, detailing the accident circumstances, the injuries you have suffered as a result of the accident, as well as the reasons why we consider them to be liable.
The third party (also referred to as the Defendant) then has three months to respond to the claim, where they will have to provide their opinion on who is at fault. If the Defendant is a business or an employer, the matter will typically be managed by their insurers.
Quantify losses
The Defendant can either admit or deny liability for your claim. If liability is admitted, the next step we take would be to quantify your damages. You may hear your solicitor speak of ‘General Damages’ or ‘Special Damages’ and whilst both of these terms refer to losses you have had as a result of your accident, the types of losses differ.
General Damages means compensation for your pain, suffering and loss of amenity. Loss of amenity means the permanent or temporary inability to undertake tasks or hobbies that you could do prior to your accident, such as driving a car or playing sports.
Special Damages is the compensation awarded for out-of-pocket expenses and any additional costs you have incurred because of your accident. This includes travel costs, medical bills, loss of earnings, care costs and replacement of damaged property e.g if your bike was irreparable following a collision that wasn’t your fault.
If the Defendant does not accept liability, then it is possible that your claim may need to be pursued in court.
Collating evidence
We will obtain evidence to support your claim wherever necessary. Any available CCTV footage of the incident will be requested and we will take both yours and any witness statements of the event. Photo evidence of the accident site, property damage and injuries will need to be taken in order for your solicitor to understand the extent of the damage caused and assess the claim in further depth.
Medical evidence is crucial within personal injury claims as it provides insight on the physical and psychological impacts the accident has had on the claimant. After requesting your medical records from your GP and/or hospital, we will arrange an appointment for you to meet with an independent medical expert who will then prepare a medical report on your injuries. In addition, should you need any physiotherapy or rehabilitation treatment, your case manager will be able to secure this for you.
Negotiation
Your Defendant’s insurers may put forward settlement offers for your claim and you will be informed of this when it happens. As specialist personal injury solicitors, we are able to advise on whether the level of compensation offered to you is satisfactory in respect to your injuries, or whether a higher sum should be negotiated for.
In some cases, liability does not fall solely on the shoulders of one party. Sometimes both the claimant and defendant are partially to blame, in which case a settlement offer could be put forward as a percentage. For example, if the claimant contributed to the accident but not as much as the defendant, an offer of 70% liability could be presented by the Defendant.
In any case, your solicitor will be able to advise you on whether or not they believe the settlement offered is reasonable for your claim.
Settlement
At Stonehewer Moss Solicitors we pride ourselves in our ability to negotiate with Defendants and their Insurers for the maximum level of compensation for our clients. The final step of the personal injury claims process is settlement and we are pleased to say that the majority of personal injury cases are settled outside of court.
If your case is successful and compensation has been awarded to you, your claim will be marked as settled. Your award cheque will then be processed through our accounts department and funds will be sent directly to you via bank transfer.
Why Choose Stonehewer Moss Solicitors?
With Stonehewer Moss, you will find specialist APIL (Association of Personal Injury Lawyers) accredited solicitors who are highly motivated to win your case and get you the maximum compensation possible. We offer free, no-obligation advice as well as independent legal representation on a No Win, No Fee basis, meaning there is absolutely no risk to you.
Understandably injuries can cause distress and worry, therefore we strive to make the personal injury claims process as straight-forward and simple as possible for you, to secure private medical treatment and rehabilitation wherever necessary and to seek reimbursement for your losses.
For further information on No Win No Fee agreements, watch this short video to learn more.
Talk to one of our personal injury claims specialists
Call us on freephone 0800 434 6544 or 01606 87 22 00
