“Personal injury” is the legal term used to describe an accident which has caused a person a physical or mental injury. Where somebody else is at fault for an injury there may be the opportunity to claim compensation. The type of incidents claimed for range from simple trips to serious accidents at work.
The first step in the compensation process is finding someone to pursue the claim.
The are lots and lots of people who call themselves claim handlers who advertise their service extensively. However these people are usually not qualified and are working from the equivalent of call centres. There is individual complexity in any claim and it is always best to use a properly qualified solicitor.
A specialist solicitor will be able to review a claim for compensation and decide if it is worth pursuing and, if so, what the likely amount claimed will be. The amount claimed will depend on the nature of the injury and can also include specific claims for such things as expenses and loss of income.
Most solicitor firms now offer a “No Win No Fee” service. Which basically means that the accused side has to pay the legal fees of both parties as well as the compensation. Even if the claim is not successful the person doing the claiming rarely has to pay anything. Your solicitor will explain more about this.
Nigel Holdcroft, a partner at Tolhurst Fisher LLP Solicitors said; “using a solicitor means that you will have expert advice on hand at every step of the way at no extra cost.”
Commissioning a medical report is the next step.
Once you’ve made the claim, the following process will depend on the severity and nature of the injury as well as the attitude of the person against whom you’re claiming. Many claims are settled outside of court following negotiations.
Claim Checklist:
1/ In most cases, the accident must have taken place in the last 3 years.
2/ The accident must have been someone else’s fault.
3/ You must have received medical attention for the accident to be classed as an injury.
4/ The party at fault for the injury must be able to pay compensation (usually through insurers)
Personal Injury Solicitors You must have received medical attention for the accident to be classed as an injury. To be classed as an injury, you have to have received medical attention from your injury. Quite often theses claims don’t go to court because they can be settled following negotiations.