Claiming Compensation for Personal Injury
You are a safe and conscientious person, but unfortunately, the same cannot be said of people, workplaces and premises you encounter in everyday life.
If you have been in an accident and have been injured owing to someone else’s carelessness, negligence, or recklessness, then you can make a claim. But that is not as easy as it may sound, you need to collect a lot of information to proceed further. Working with a personal injury solicitor will give you the best chance to get the money you deserve and get your life back on track. But first, let us impart you with all the information needed for pursuing a personal injury claim.
What is the Personal Injury Claim Process?
In simple words, it is the step-by-step procedure that is needed to build a case and win an adequate compensation for personal injury. Your solicitor will guide you through the following tasks:
1. Determine Who was Responsible for Your Injury
It is not always clear who is liable for your injuries. You may believe you know exactly who was to blame based on what you witnessed before the accident. But to hold a person responsible and that he did wrong, you need to prove your claim is valid.
To establish responsibility, your lawyer will lean heavily on what you remember before the accident. They will use this as a basis for further investigation.
2. Gather Evidence
Your solicitor will ask you when and where the accident happened, who else was there and saw what happened, what you were doing before the accident, and how the accident itself happened. Basically, they will ask you to recall the series of events that occurred before and just after the accident.
Do not worry if you cannot recall everything. Your lawyer will use what you tell them to dig further into the case. They will get a copies of relevant documents such as accident reports, risk assessments, a copy of the police report or an investigation report from the Health and Safety Executive. They can also get video from CCTV cameras around and phone camera footage taken by individuals who witnessed the accident.
3. Assess Your Injuries
The next step is to determine the extent of your physical injury and the impact it caused on you overall. Your personal injury lawyer will request permission to access your medical records and get copies of any photos taken of bruises, cuts, and scars. They will also speak to the GP who treated you, and will try to arrange an independent medical expert to determine the long-term impact of your injuries.
4. Determine What You are Claiming For
Before you put in a claim, you must use the evidence gathered above to sort out what your requested compensation figure will account for. It should include the following:
-Money for pain and suffering
-Cost of medical treatment, therapy, and rehabilitation
-Physical assistance equipment such as wheelchairs, prosthetics, etc.
-In-home care costs
What is the Time Limit for Claiming a Personal Injury Compensation?
It can vary from case to case, which is why you should consult a solicitor as soon as you can after your injury. The most common claim in personal injury litigation is negligence, and it has a time limit of 3 years. Court proceedings must begin within 3 years of you becoming aware that you have suffered an injury.
How Much Personal Injury Compensation Can You Claim?
The compensation will be according to the extent of your injuries and their impact. If the accident was serious and your injuries severe, you may be required to go through a series of operations to make you whole and healthy again. You may need to spend months in recovery and rehabilitation, and even when you are ready to go back to work, you may not be able to return to your previous job.
In this instance, you can demand a compensation amount that will offset the catastrophic financial losses you have suffered. If your solicitor has gathered all the evidence which proves that the party you are suing is fully responsible for the accident, then the respondent will probably want to negotiate a settlement.
How Long Does It Take?
It will depend on the complexity of the case. Sometimes it is better to wait until the doctors can figure out your prognosis and the long-term impact of the injuries before submitting a personal injuries claim. The average time for settling a personal injury claim is 18 months. But you should be warned that it can take up to 2 or 3 years to get a settlement which is fair and adequate.
How to Choose a Personal Injury Solicitor?
To claim a personal injury compensation, you should hire a solicitor who specializes in this area of law. It is best to work with no win no fee personal injury lawyers as they have a financial stake in the success of your case. They only take cases that they can win. They will dedicate the time, attention, and energy necessary to win the case as they don’t get paid unless you get a compensation.
Read More: Personal Injury Claim Process in the UK