Common questions about the personal injury claims process

Common questions

What is a personal injury claim?

A personal injury claim is a legal case made against another party if you have been injured as a result of their malpractice or negligence. This is the process of claiming compensation for your losses, including physical and financial damages.

How do I start the personal injury claim process?

To make a personal injury claim, get in touch with one of our experts. They’ll discuss your case and determine whether you may have a claim, as well as offer an indication of how much compensation you may be eligible for. We will document your case and if suitable, refer you to an appropriate law firm.

Is there a time limit when making a claim?

Usually, you will have three years to begin the personal injury claim process. This three years period starts either from the date of the accident, the date that your injury was first attributed to your accident, or when you first developed symptoms of illness or injury.

Can I claim on behalf of my children?

It is possible to make a personal injury claim on behalf of your child, if they have suffered an accident or injury as a result of someone else’s negligence. Compensation can cover medical treatment, the cost of long-term care, and the lasting impact on their life and ability to earn.

When claiming on behalf of a child, you’ll typically have longer than the usual three-year limit. Get in touch today, and one of our helpful advisors will guide you through the process. Alternatively, your child can open a claim when they turn 18, no matter how many years previous the accident was.

How long does it take to settle a personal injury claim?

The time it takes to settle a personal injury claim varies, depending on the type of accident you’ve endured. However, as a general rule, the clearer the evidence, the less time it’ll take to win the compensation you deserve.

Having handled hundreds of personal injury cases, you can usually expect road traffic accident, workplace accident, and slip, trip and fall claims to take around nine months to settle. Meanwhile industrial illness claims often take around 18 months, and complicated cases of medical negligence can last up to three years.

How much compensation can I claim?

The amount you can claim depends on the severity of your injury and the impact it’s had on your life. To determine compensation, your solicitor will consider two factors: general damages and special damages.

General damages cover your physical and psychological trauma, and can also include loss of earnings. Special damages cover any financial expenses incurred from your injury, including prescriptions and private care.

Can I claim compensation if I was partially at fault?

It is possible to claim compensation for a personal injury, even if you were partly to blame. This is known as ‘contributory negligence’. In cases of contributory negligence, the court will divide blame, and reduce compensation accordingly. For instance, if you are 50% to blame, you will only receive 50% of your compensation.

What evidence do I need to provide to make a claim?

When making a personal injury claim, you will need to provide evidence of your injury and proof of someone else’s negligence.

This includes the exact time and location of your accident, contact details of any witnesses, and details of any medical treatment you required.

How much does it cost to make a claim?

Each personal injury claim that our solicitors deal with is covered by a no win no fee agreement. This means that you’ll not pay any fees if you’re unsuccessful in winning the compensation you deserve.

Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. For example, you may be required to pay an additional fee for other costs such as after-the-event (ATE) insurance. Termination fees may apply.

My compensation claim is going to court: what does this mean?

The majority of the time, personal injury claims are settled out of court, which is often cheaper and easier for all parties. However, there is always the possibility that your case will be determined in court.

If this happens, your solicitor will arrange for a barrister to present evidence of your injuries and financial losses to a judge. You should also be prepared to take to the stand, to provide a statement and answer any questions from the opposition. Once the judge has heard the full case, they will provide their ruling. If you’re successful in your claim, your solicitor will ensure you receive the compensation you deserve as soon as possible.

Common Questions