What is the Personal Injury Claims Process?
26 February 2018 by Lauren Hancock
Personal Injury claims come in all shapes and sizes and it is impossible to clearly predict how a matter will proceed at the outset. Having said this, below are a series of steps which are followed in almost all cases;
- Free Initial Consultation
If you have sustained injury as a result of an accident which was not your fault, FJG can offer you a free initial consultation to discuss your case and advise you on next steps.
- Funding Options
Once we are provided with details of your injuries and how these came about we can advise you on the prospects of you succeeding in a claim and the funding options available to you in pursuing the same. In many cases, FJG is able to deal with cases under a conditional fee agreement, otherwise known as ‘no win no fee’ agreement.
- Submitting a Claim
With your instruction, we will prepare a document detailing the circumstances of your accident and the nature of your injuries. Once approved by you this will be sent to the ‘Defendant’ or ‘Paying Party’, namely the person or organisation responsible for your injuries.
- Liability Decision
Depending upon the nature and value of your claim, the Defendant will have a specified period of time to investigate your claim. Following this investigation, they will then state whether they consider themselves responsible for your accident.
If the Defendant contends that they are not responsible for the accident, this does not mean we cannot proceed with your claim. It may, however, be necessary to issue court proceedings to have a Judge decide who is responsible.
- Medical Evidence
In the majority of cases, we must obtain at least one medical report from a relevant expert for use in support of your claim. Usually, an expert will wish to meet with you in person, discuss your injuries and where appropriate examine you.
Depending upon the nature of your injuries, the expert may recommend you be referred to another expert with a different specialism for assessment or suggest a course of treatment.
- Incidental Losses
In addition to damages for your injury, you may also claim for any incidental expenses incurred by you because of the accident, these are known as ‘special damages’. Special damages can include, amongst other things, treatment costs, lost earnings and mileage to hospital or doctors’ appointments. The Defendant will wish to see evidence of these costs so it is important to keep receipts and records of these as your claim proceeds.
Once medical evidence and losses information has been collated and exchanged, and where responsibility for your accident is agreed, negotiations can begin. We will advise you as to the likely value of your claim and in respect of any offers received or made. In most cases, it is possible to reach a resolution agreeable to both parties and the matter can be settled.
Occasionally, it may not be possible to reach an agreement in which case it may be necessary to issue your claim with the Courts and for a Judge to decide the value of your claim.
Once settlement has been reached, the Defendant will issue a payment to you to conclude your case.
For more information and to speak to our personal injury team – please call 01206 700565 or email [email protected]
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