Navigating the personal injury claims process can seem daunting. There is a lot of conflicting information online about the steps involved, how long it will take, legal costs and the amount of compensation you will receive.
At PM Law Solicitors, we’re here to support you along every step of the journey and assist you in navigating, what can be a stressful situation, as easily as possible.
Before we get into the details of the personal injury claims process, let’s start with the very basics.
What is a Personal Injury Claim?
Sometimes, accidents happen. In some unfortunate situations, these accidents can cause an injury that disrupts your life and wellbeing, and you may be entitled to receive compensation by pursuing a personal injury claim.
Personal injury claims are the legal process of seeking compensation for an injury that wasn’t your fault and due to someone else’s negligence. This compensation is to help cover things like a loss of income, medical expenses or be a remedy for pain and suffering.
There are a range of situations that might lead to someone making a personal injury claim. These include, but are not limited to:
- Road accidents
- Trips, slips and falls
- Accidents at work
- Defective products
- Clinical negligence
- Spinal injuries
- Head and brain injuries
We deal with many personal injury claims, but for the sake of simplicity, in this guide we are going to look at the process you would follow if you had tripped and fallen on some uneven paving stones.
The Personal Injury Claims Process
1. Instructing PM Law Solicitors
Your first step is to raise an enquiry, you can do this by phoning on 03300 562180, or email us at enquiries@pm-law.co.uk, or you can submit an enquiry on our website.
Our experienced personal injury enquiry team will arrange a time to have a thorough discussion with you. We’ll talk specifically about your personal circumstances and the details of your claim; this can take around an hour in more serious cases. Our compassionate and supportive team are here to ensure you feel comfortable and understand the process throughout the call.
2. Assessing the claim
Once we’ve gathered all the information from you, we will pass the information over to one of our personal injury solicitors. They will assess the details of your enquiry and determine something called “reasonable prospect of success”. This refers to the likelihood of success if we were to pursue a claim on your behalf. It usually takes us around one business day to assess, but it can take longer if there are a lot of details to consider.
If we think your case has a reasonable prospect of success, we will arrange for our client care pack to be sent to you. This documentation will include our terms of business along with important legal information that you will need to read and confirm your agreement to, before we can commence your claim.
Should our legal view be that your claim does not have a reasonable prospect of success, we will provide an explanation as to why we cannot represent you.
3. Determining the At Fault Party
At this stage we need to identify where to direct the claim. This isn’t always straight-forward but we will use the information you have provided toUsing the information provided, we will look to identify the negligent party so that we know where to direct the claim on your behalf. This is not always straight-forward but we will use the information you have provided to do this. The party at fault will differ depending on the case, but in the instance of a trip on uneven paving stones, it could be:
- A local council
- An owner of private land
Once we have determined the party at fault, we then need to identify if they are insured.
4. Evidence Collection
Once we’ve gathered all the information and evidence, our solicitors will instigate the claim on your behalf. In England and Wales, all claims of this nature, up to the value of £25,000 will be submitted to the negligent party via the prescribed online claims portal. The court protocols will determine when a response should be given, in this example it should be within 40 working days. In the alternative
5. Presenting the Claim
Once we’ve gathered all the information and evidence, our solicitors will instigate the claim on your behalf. In England and Wales, all claims of this nature, up to the value of £25,000 will be submitted to the negligent party via the prescribed online claims portal. The court protocols will determine when a response should be given, in this example it should be within 40 working days.
In the alternative, any case over the value of £25,000 will be instigated by way of a formal letter of claim. This will be sent to negligent party and/or their insurers.
6. Evaluating the Extent of Injuries or Illness
To support your case, we need evidence regarding your injuries or illness, and their impact on your life. If you have received medical attention, we can access your medical records with your consent. Additionally, we will:
- Request photos of visible injuries
- Arrange expert medical assessments
- Consult specialists to assess recovery time
- Evaluate long-term consequences
As your wellbeing is our top priority, your solicitor may arrange any necessary rehabilitation, such as physiotherapy. If the NHS cannot provide the necessary care or there are waiting times, we may be able to assist you in accessing private healthcare for timely treatment.
Together, we will establish recovery goals, whether it’s returning to work or resuming everyday activities. Specialists will assess the potential for recovery and set achievable milestones based on your injuries. If the negligent party has conceded liability, there may be occasions, whereby, we can request an interim payment to cover certain costs, whilst we continue to evaluate the overall extent of your claim.
7. Determine Compensation
When we have all the necessary evidence, we’ll be ready to calculate your compensation. The amount will consider:When we have all the necessary evidence, we will be ready to assess the value of your claim with a view to advising you on the potential compensation that can be recovered on your behalf.
To reach this valuation we will consider:
- Pain, suffering and loss of amenity
- Costs of medical treatments, therapies, and rehabilitation
- Travel expenses related to medical appointments
- Lost income due to inability to work
- Care costs, whether from a professional carer or family member
- Damaged possessions such as clothing etc.
Our valuation will be broken down into general and special damages. General damages being the value of the injuries, and special damages being the value of all your past losses and future expenses linked to the accident.
8. Negotiation
After we determine your compensation, we’ll work as efficiently as we can to recover the compensation you deserve. There may be some negotiation involved, but our goal is to ensure you receive justice for your injuries. We may need to advance the claim by issuing county court proceedings if we feel the offers do not take the full extent of the injuries into account.
9. Compensation Payment
Either through negotiation or through the court, your compensation amount will be finalised and a payment will be issued to you along with a closing letter. Your legal fees will be paid by the at fault party.
Unlike most other firms of solicitors, at PM Law, we pride ourselves in being able to offer a No Success Fee Deductions Service, which means you keep 100% of your compensation.
At this stage we would invite you to leave a review of our solicitors and the service you have received.
Making a Personal Injury Claim
At PM Law Solicitors, we’re committed to supporting you throughout your personal injury claim. If you’ve been injured and you’re considering making a claim, contact us today and take the first step towards securing the compensation you deserve.
