Guide to the personal injury claims process
- Posted byLaw & Co Solicitors
- 15th January 2018
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The personal injury claims process explained
With the rise of UK statistics for personal injury claims, it is common for people to be unsure as to what the entire process entails. We have compiled this summary here to help you identify and familiarize yourself with the personal injury claims process step-by-step. The best way however to find out for certain is to speak to an expert solicitor. The personal injury solicitors here at Law & Co can help.
Making a claim and getting expert opinions
Once you have enlisted the help of a specialist injury solicitor, their first step will be to send a claim letter to the person/ people or company you are holding responsible for your accident (also known as the defendant). The purpose of this letter is to set out the details of your injury and what happened.In certain cases you would need other expert opinions to support your accident claim, for example, from a doctor. Such evidence is usually included with first contact.
The defendant has to reply to the letter within a fixed period – usually no more than 3 months. The defendant must state whether they accept or deny liability for your injury. If they accept liability, your solicitor will try to settle the matter out of court on your behalf.
Making an offer
The next step in the personal injury claims process would be to ascertain the value of your claim. Claim amounts may be estimated using a claims calculator. Your solicitor however will be able to refine this amount based on similar cases and circumstances. You will be asked for the amount of compensation you’re prepared to accept, and whether you want to make an “offer to settle” for that amount (known as “Part 36 Offer”). Your solicitor will tell you whether you should make a Part 36 offer and how this will affect you.
If the defendant “responds reasonably” to this offer and a figure is agreed, the matter can be settled without going to court. In some situations, the defendant may reply with their own Part 36 offer, which you can evaluate and discuss with your legal representation appropriately.
In the event where you cannot settle for a fair amount out of court, your solicitor will advise you on whether to start legal action. In most cases this happens when the defendant says they are not liable for paying your compensation. In this case your solicitor will advise you to go to court to challenge them and to ask the court to award you compensation.
Many other factors can be considered when you are evaluation your options for making a successful claim. Factors such as the consequences from pain and suffering, compensation for loss of income, and decline in quality of life is also taken into account in every instance.
Give yourself the best chance of success by contacting us with your questions today. We are always ready to provide sensitive and professional care for people who have suffered from a physical or psychological injury or illness. Not only will we assist you in assessing the value of your claim, but also provide the emotional support necessary for many victims and their families.