PERSONAL INJURY - FAQs

Do I have a Personal Injury Claim? 

Your Questions Answered

If you have been injured and you think somebody may be responsible, we have tried to answer the questions you want to ask about whether you have a claim and how you go about it.

 

I have been injured: have I got a case? 

You have to prove that someone is to blame for your injury - that they did something wrong (or failed to do something they should have done) You might have:

• Suffered whiplash when another motorist hit you;
• Broken your leg tripping over a defective paving stone;
• Developed a chest complaint because of exposure to dangerous chemicals at work;
• Contracted dermatitis through faulty skin cream;
• Suffered psychiatric stress because someone attacked you.

You also have to prove that your injuries were caused by this incident and not for some other reason.  It is important to get as much evidence as possible to support your case - for example, take photographs of the scene of the accident.  You would also need to get a medical report to show how your injuries were caused and how severe they are.

What steps do I have to take? 

If the person or organisation responsible for your injury admits fault, all you have to do is get a medical report from a doctor who has expertise in this area.  The expert may need to see your medical records and you would need to sign a consent form allowing this.  If you have suffered other losses, such as loss of earnings, paid for medication or incurred expenses in travelling to hospital, you would need to obtain proof - eg a statement from your employer, receipts for travel. If we were acting for you, we would negotiate with your opponent or their insurers to get the most appropriate level of compensation for you.If your opponent does not admit fault, it is important to get as much evidence as possible to prove your case. This can include statements of witnesses to your accident, photographs of the scene of the accident, or a copy of the police report.   Your opponent must also disclose to you any relevant documents: for example, if you had an accident at work, your employer must disclose health and safety records and risk assessments. 

Do I have to go to court?

The large majority of personal injury claims are resolved without the need for court proceedings. If we cannot negotiate a settlement with your opponent, we will prepare the papers that have to be filed at court (the Claim From, Particulars of Claim, together with a copy of the medical report and a Schedule of Loss). Court proceedings must be started within three years of the date of your accident (or, in the case relates to a medical condition such as asbestosis, within three years of the date you knew that your medical condition was likely to have been caused by your opponent‘s negligence or breach of duty), otherwise you might not be able to pursue your claim any further.  It is important that the claim is properly set out on the papers that are filed at court. If your opponent does not accept they are at fault, they will serve a Defence, which sets out why they do not admit the claim. The court will then direct what steps have to be taken to prepare the case for the trial, or final hearing: this includes disclosing documents to your opponent that are relevant to your case, preparing and exchanging witness statements and other evidence such as medical and expert reports.Your opponent might be given permission for you to be examined by their own medical expert. In the very small number of cases that go to trial, the hearing will usually take place at a court near to where you live. You may have to give evidence at that hearing and be cross examined by your opponent’s lawyer; however, much of your evidence will be written down.

How long will it take? 

It all depends on a number of factors: whether your opponent admits fault, whether witnesses have to be traced, whether your injuries take a long time to heal, whether there is more than one opponent.   Very straightforward cases, where your opponent admits fault and the injuries are minor, can be sorted out within a matter of months; other cases could take a few years to resolve, especially if extensive medical treatment is required.  We will keep you regularly informed about the progress of your case and what further steps are needed.   We will always discuss with you any problems that might arise and advise you on any settlement offers that are made.

How much will I get?

Although some cases where record damages are awarded hit the headlines, most cases are settled quietly with the help of solicitors who negotiate on their client’s behalf with the insurance company of the person who caused the injury.  Most awards are between £2,500 and £7,500.  There is no set amount or magic formula for how much you should claim or what you will get.  Two people who have the same accident and injury could be awarded different sums simply because their losses are different, but broadly you can claim for loss of income, repair and replacement cost of goods and clothing, expenses resulting from your injury and pain and suffering.  In most cases your opponent will have insurance cover to meet your claim.

How much will it cost to pursue the claim?

Personal injury claims can be very expensive, mainly because it is necessary to obtain detailed medical and other reports to help put a value on the claim.   If compensation is recovered, the person who caused the accident (or their insurer) usually has to pay the winner’s costs - but you may not receive all your costs - and if the case does not succeed, you may have to pay your opponent’s costs on top.  However, ‘after the event’ (or ‘before the event’) insurance is available in most cases to protect you from having to pay your opponent’s costs if you lose.

What are the risks? 

Personal injury claims can be very complex and it is essential to get expert legal advice.The thought of running up huge legal bills to pursue your claim may deter many people from even seeking advice.  However, people who have suffered injury often incur a serious financial burden (eg, loss of earnings, home help, treatment costs), so it is important to claim what you are entitled to.  You should also bear in mind that the large majority of personal injury claims are settled out of court.