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      What is the Personal Injury Claims Process?

      26 February 2018 by Lauren Hancock

      Lauren Hancock
      PI Claims Process

      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;

      1. 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.
      2. 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.
      3. 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.
      4. 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.

      5. 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.

      6. 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.
      7. Negotiations
        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.

      8. Settlement
        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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      Fisher Jones Greenwood is the trading name of Fisher Jones Greenwood LLP, a Limited Liability Partnership authorised and regulated by the Solicitors Regulation Authority and registered in England ( Number: OC305854 ). A list of members is available for inspection at the registered office at Charter Court, Newcomen Way, Colchester Business Park, Colchester, Essex CO4 9YA

      We are open for business and working remotely

      Here at Fisher Jones Greenwood Solicitors we would like to reassure all our existing and future clients that even in these uncertain and difficult times we are able to assist you with your current and future legal requirements.

      Like so many others, we are constantly monitoring and acting on Government advice and guidelines and as such our offices are temporarily closed to the public. You may, if you wish, visit our offices to post any correspondence and documents through letter boxes.

      As a result of our commitment to innovation and technology, we can and are maintaining a full service, albeit remotely, with all appointments being held digitally or via the telephone. Our case management system enables us to have full access to your electronic file from any location and we have a core team of staff processing all incoming post directly onto your file so that your legal adviser can continue to work with you. We are pleased to say that we do not currently anticipate any disruption to your matter.

      Please do not hesitate to contact your legal adviser by email or by telephone should you have any worries or concerns. Alternatively, please call our main switchboard number (01206 835300) and a message to return your call will be by relayed to the relevant person.

      Finally, everyone at FJG would like to wish you, your families and your colleagues well throughout this current crisis.

      Best wishes
      Paula Cameron
      Managing Partner