If you’ve had an accident at home, at work or outdoors that wasn’t your fault, you could benefit from a personal injury claim

Around three million people are injured in accidents each year – and if someone else or something else is to blame, then the victims have a right to make a personal injury compensation claim.

Personal injury is a legal term used to describe an injury to your body or emotions. There are many types of personal injury claims, including road traffic accidents; slips, trips and falls; workplace accidents; clinical negligence; holiday accidents; defective products; and industrial injuries, such as asbestosis and repetitive strain injury cases. Many people think making a claim is too complicated, time-consuming and costly, but with the help of a solicitor, the process can be quite straightforward. Here’s a step-by-step guide to what you can expect…

1 Consider the help of a lawyer
If you’ve sustained an injury from something that is not your fault, you’re entitled to file a personal injury compensation claim. However, reporting the claim can be complicated so to make things easier, hire a personal injury solicitor for appropriate advice so you get what you are entitled to. Companies who are at fault often get away with paying too little because injured parties have no knowledge about the law or their entitlements. Solicitors often offer a free initial consultation.

2 Choose a solicitor wisely
If you believe you have a valid case and have decided to employ the services of a solicitor, you need to assess whether he is qualified to handle your claim. Ensure your lawyer specialises in accident injury claims. If not, he may be unaware of current trends in the law. Personal injury law is a highly specialised area and requires a good understanding of medical terminology.

3 Find out about fees and expenses
You need to be clear from the outset whether your solicitor will claim fees and expenses from the defendant or from compensation you receive at the end. If it is the latter, avoid employing his services and find somebody else. Solicitors are permitted to claim all reasonable costs from the other party. Also ask who will be responsible for out-of-pocket expenses. This includes money spent on medical treatment you receive at the request of your solicitor, or overtime incurred by the solicitor’s staff as well as admin costs. The solicitor should take responsibility for these costs, so if he says otherwise, question it.

4 Discuss your settlement options
Once you are happy with the fee agreement, it’s worth finding out what your solicitor’s stance is on taking the case to court. The vast majority of personal injury claims are settled out of court, but some lawyers may object to you wanting to settle earlier if they think they can successfully win a court battle. Be certain this won’t be a bone of contention. Going to court is expensive and stressful, so make sure you are able to accept an offer before then if you wish. On the flip side of the coin, find out whether your lawyer will object to you wanting to go to court. You may get offered a sum of money that your solicitor says is fair but if you want to pursue more through the courts, you should be given an option to do this. Remember the solicitor has been appointed by you. If there is anything you are unhappy with, you should be able to discuss it freely with your lawyer.

5 Protect yourself
Think about what will happen if you lose your case. Lawyers don’t come cheap, so ask if your solicitor will insure your claim against you losing. No matter how much a solicitor says you are likely to win, if you do lose, you will be liable for the fees and expenses that have accrued, not your legal team. Protect yourself.

6 Provide the facts
Once you are happy with your choice of legal professional, it’s time to set the ball rolling. To establish the details of your case, your solicitor will need to know: the date of the accident; where and how it happened; details of your injuries; details of medical diagnosis and treatment; and proof of any loss of earnings or other financial expenses as a result of the injury. Look at any insurance policies you may have.

7 Make your claim
Firstly, a lawyer will draft a formal letter to the defendant, setting out details of the injury along with a list of the evidence. In case your claim needs a medical practitioner to back it up, your solicitor should be able to suggest a specialist. The defendant then has a set time period to reply within, which is usually three months, to accept or deny responsibility for your accident. If he accepts, your lawyer may encourage you to settle out of court to keep the legal bill down.

8 Produce an offer
If the defendant does accept responsibility for the accident, his insurer may ask you to indicate the level of compensation you’ll accept. If the defendant responds reasonably to the offer and a figure is agreed, the matter can be settled without going to court. If the defendant replies with his own offer, it’s up to you and your solicitor to decide whether to accept or continue through the courts. More than 80% of claims are settled before court proceedings are issued and then, almost 95% of these are settled without going to trial.

9 Discover the judgement
If you take the matter to court, your case will be passed to a judge who will decide on the date of your hearing. Your solicitor and the court should keep you informed. At the hearing, you’ll find out what judgement has been made.

10 Receive money
Once the claim is settled, your solicitor will obtain the payment agreed by you from the defendant’s insurer. You should receive the full amount that you have accepted or been awarded by the court. The final step is for your solicitor to pursue a claim against the defendant’s insurer for their legal costs and expenses incurred.

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