Making a Personal Injury Claim

Introduction

If you have injured yourself, you may be able to claim compensation. This can cover the cost of injuries and any loss of earnings. You may also be able to ask for money to cover the cost of medical treatment or rehabilitation as a result of your injury.

Do I have a personal injury claim?

If you have been injured, and your injury was the result of someone else’s fault, then it is likely that you have a personal injury claim.

If this is the case, there are several things to consider before taking any action. The first thing to do is talk with a lawyer who specializes in this area so they can advise you on what steps should be taken next.

It’s also important that if any physical or mental harm has been caused by your injuries (or financial loss as a result), then make sure that it gets recorded properly by medical professionals when seeking treatment for them

Do I need a lawyer to make a claim?

You can make a personal injury claim yourself. If you don’t want to go through the legal process yourself, but would like some help with your claim, then getting a lawyer is probably the best option for you. You may also be able to get the solicitor who represents your case to make your claim on your behalf. This can save time and money as they will deal directly with insurers and other parties involved in order to reach an agreement that both parties are happy with

How long will a claim take?

There is no set time frame for making a claim. The length of your case will depend on its complexity and the amount of evidence that needs to be collected. If you are making a claim against the government, it can take years; if you are making a claim against a large corporation or insurance company, it could take even longer.

The best way to avoid having your case dragged out unnecessarily is by hiring an experienced personal injury lawyer who knows how these cases work in court–and also understands how best to negotiate with insurers so they’ll settle rather than drag out litigation indefinitely (in which case both sides end up losing).

Are there time limits for making a personal injury claim?

The time limit for making a personal injury claim depends on the type of claim. The most common types of personal injury claims are:

  • Claims for compensation following an accident at work (work related). For these claims, you have three years from when your accident happened to make your claim. If you miss this deadline, you can still make a late application but it may be harder for us to succeed in getting compensation for you because there will be less evidence available about what happened at the time of your accident and how it has affected your life since then.

You can check online if there’s still time left before the end of any relevant time limits by visiting govuk/time-limits-for-claims

What will I have to pay?

  • Fees are paid by the client, not by the lawyer. If you win your claim and receive compensation from the defendant, then your lawyer will be paid from this amount. If you lose your claim and have to pay costs (which can include legal fees), then those charges will come out of any money that was awarded to you or that remains after paying off other debts such as medical bills or mortgage arrears payments on their own property.
  • You may be able to get help with some of these costs through Legal Aid or similar schemes if they apply in your case – check with them first before hiring a solicitor

What is a no win no fee agreement?

A no win no fee agreement is a legal agreement between the client and solicitor. The solicitor will not charge you any fees if they do not win your case, but they may charge you a success fee if they do win.

For example:

  • If your claim is unsuccessful, there are no costs to pay as part of this arrangement.
  • If we recover damages for you in court, then our standard conditional fee agreement means that we take 25% of any compensation awarded by the court (after deduction of taxes), plus VAT at 20%.

Do the firm charge a success fee and if so how much will I have to pay

A success fee is a percentage of your compensation that the lawyer takes. It’s usually an agreed amount, but can be up to 25% of your compensation.

The success fee isn’t paid by you – it’s paid by the defendant in your case.

Will I have to go to court?

If the insurance company does not accept your claim, you may have to go to court. The court will decide how much compensation you should receive and whether or not any costs and expenses are also payable.

Will I have to attend a medical appointment?

You may be asked to attend a medical appointment. This will be arranged by your solicitor and can take place at any time after the accident. You might have to attend one or more of the following:

  • Medical assessment – this is when you see a doctor who will assess how badly injured you are and if any treatment is needed immediately
  • Medical examination – this is where an expert examines your injuries in more detail, usually by taking photographs or x-rays of them (if necessary). They’ll look at previous scarring and note down any changes that have happened since the accident took place
  • Independent medical examination – sometimes another expert will examine your injuries and give their opinion on how they were caused

Who can make a personal injury claim?

Anyone can make a personal injury claim if they have been injured by someone else or their fault. However, there are some restrictions on who can make a claim. For example, children under 18 must have a legal representative to represent them in court.

How do I make a personal injury claim?

If you have suffered a personal injury and believe that someone else was at fault, then it is important that you make a claim for compensation.

A personal injury claim is made when one person suffers loss or damage as a result of another person’s negligence. The law recognises that those injured in accidents should be compensated for their losses by those responsible for them.

In order to make a claim, there are certain things which must be proved:

How much compensation can I expect to receive if my claim is successful?

The amount of compensation you can expect to receive will depend on the type of injury, its severity and the circumstances surrounding it. In general, if your claim is successful:

  • The more serious your injuries are and the more pain and suffering you have suffered because of them – for example if you were knocked unconscious in an accident or suffered a broken bone – then this will increase the amount of compensation that is awarded.
  • If there were other people involved in an accident such as pedestrians or passengers (who were also injured), then their injuries may affect how much money they receive from their insurance company too.

When should I make a personal injury claim?

  • Make a claim as soon as possible. If you have suffered injury or damage to your property, it is important that you make a claim as soon as possible in order for the court to be able to process your case quickly and efficiently.
  • Make a claim if you have been injured by someone else or their fault. If someone else has caused an accident that has resulted in personal injury, then this may be grounds for making a personal injury claim against them if they are found responsible for what happened.
  • Make a claim if you want compensation for any injuries sustained during the incident which led up to it taking place (such as medical bills).

I am injured and suffering, what treatment can be arranged or do I have to go to my GP?

If you have been injured and are suffering, it is important that you get treatment as soon as possible. You can arrange for this yourself or ask someone else to help.

If the injury is serious enough for an ambulance, then one will be called for you by the police or other emergency services. If not, then your GP or hospital may be able to treat your injuries without sending an ambulance (this is known as ‘self-triage’). If they cannot do so immediately, they will refer on to another healthcare provider who can provide immediate care and treatment until further arrangements can be made by friends/family members or social services if necessary – these arrangements must always be agreed before any treatment begins though so again make sure there are no misunderstandings about who does what when trying something new!

Can I claim loss of earnings and any costs I incur as a consequence of my injuries?

You can claim for loss of earnings if you have been injured by someone else or their fault. You may also be able to claim any costs you incur as a consequence of your injuries, such as medical bills and rehabilitation costs.

Depending on the circumstances, it is possible that the court will award compensation for pain and suffering:

You can make a claim if you have been injured by someone else or their fault.

You can make a claim if you have been injured by someone else or their fault. You must have suffered physical or mental injury as a result of the accident, although this does not need to be permanent.

You will also need to prove that your injury was caused by someone else’s fault, rather than just an unfortunate accident that could happen to anyone. The law says that if two people do something careless at the same time and both cause an injury, neither can sue each other because there is no “cause”. However if one person acts carelessly while another acts responsibly then they may both be liable for damages under common law liability principles (see below).

If you have suffered loss as well as injury then we would advise speaking with us about taking legal action against those responsible for causing them both

Conclusion

If you are suffering from an injury and want to make a claim, it is important that you seek legal advice as soon as possible. To find out more about making a personal injury claim, contact us today on 0161 847 8030 or email [email protected]

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