Experiencing an unexpected injury that wasn’t your fault is never a pleasant experience. Wading through indecipherable jargon and complicated processes can be really daunting during a time of stress, so here we have broken down some of the steps of a personal injury claim.
- You suffer an injury that wasn’t your fault may it be at work, on the road or anywhere within the UK for that matter.
- You gather your evidence and begin a claim with your solicitor.
- You and your solicitor will agree on a Letter of Engagement, which details how we will work for you. This letter is also called the CFA or the no win no fee agreement, this means that you do not have to pay the legal costs of your solicitors and your Solicitor cost will be a % of the sum recovered for you.
- Your solicitor will work out who your at fault party is. This is the person who is responsible for causing you the injuries; for example, it might be your employer if you suffered an injury at work or the fault drivers if you suffered an injury on the road. Your solicitor will send the Defendant a claim, notification letter.
- The Defendant has 21 days in which to reply to the Letter of Claim, and then 3 months to investigate the claim for themselves.
- At any point in the process, either party can make a Part 36 Offer. This is an amicable offer of settlement that is outside the courts and encourages parties to settle without the need for trial. If you receive a Part 36 Offer, or wish to make one, we will advise you.
- After their own investigation, the Defendant will do one of two things.
a) They accept the injury is their fault. Now your solicitor and the Defendant will talk about the cost of damages and how much settlement you are entitled to, which could fall under a Part 36 Offer.
b) The Defendant could deny liability or only admit partial liability. - If the Defendant admits liability, then we ask you to attend a medical examination to order to assess the value of your compensation. Don’t worry: you’ll get to see the report before it is disclosed and you are well within your right to ask for factual amendments. If you’re happy with the medical report then we send it your third party (the party at fault), so they can review it and either accept your Solicitors offer or make a counter offer.
- If the Defendant denies liability, then we will ask you to attend a medical examination, if your Solicitors are confident of the merits of the case based on the evidence. Don’t worry: you’ll get to see the report before it is disclosed and you are well within your right to ask for factual amendments we will then issue court proceedings. Issuing proceedings means we are moving your case to a court for a judge to decide the outcome of the case.
- Generally more than 90% of our cases are settled prior to going to trial.
- Receive your compensation!
Don’t forget that every case is different and every claimant’s needs are different too. If your case is complicated, it might not run as smoothly as this flowchart! We will always endeavour to keep you informed about the progress of your case so you can have peace of mind.