How to Process a Personal Injury Claim

Personal injury law is complicated and you need a solicitor to help guide you through this minefield. You can't get away with not employing a solicitor unless you have proper legal training yourself. If you've had an injury which wasn't your fault, there are people here who can give you a hand. Let's take a look at the process for how you can process your claim.

1.) Choose Your Solicitor

The first thing you should do is employ a solicitor. Make sure you choose the one which offers the best level of service. If you have to pay a bit more to get that extra quality, it really is worth it. Try to employ someone relatively local. You want to make sure you can easily travel in to meet with them.

Use the Internet to find reviews of your chosen solicitor. If they're good (or bad) you'll soon be able to find out about it.

2.) Gather Your Evidence

To move the case on as quickly as possible, you should gather as much evidence as you can before your meeting. Here are some of the items which can help your solicitor understand what happened and how much you can realistically claim:

  • Insurance policy forms.
  • Proof of financial loss.
  • Medical reports to prove the extent of your medical injuries.
  • Any contact details of the defendant and any witnesses.
  • A written report of the incident, perhaps from your employer or the police.

3.) Summing Up

Your solicitor will have a meeting with you. After they've reviewed the information they'll tell you how much of a chance you have of successfully claiming your requested amount of compensation. They'll also supply you with advice on how you should proceed next and what the minimal amount of compensation is you'll accept.

Ask your solicitor to sum up the advice in a short letter for you. This makes it easy to refer back to things later on.

4.) First Contact

Your solicitor will send the defendant a letter revealing the details of the incident. They'll have up to three months to respond. They'll have to state whether they accept or deny liability. In both cases, this will lead to an initial offer.

5.) Part 36 Offer

The part 36 offer will involve requesting a settlement of money outside of court. This is normally most successful in cases where the defendant has already admitted liability. In the event they deny liability they can still accept a part 36 offer and the issue doesn't go any further.

6.) Courtroom

If you can't come to an agreement on any compensation, you can take the defendant to court. Once you've taken them to court your solicitor will outline exactly what you need to do and exactly how likely you are to win the full amount of compensation. This can cause the case to drag on for a considerably long period of time. In larger cases, it can take years for the case to be settled.

The outcome might not signal the end of the matter. Both the defendant and yourself have the right to appeal if you don't feel you got a fair judgement.
 
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