How to Make a Personal Injury Claim

If you have been hurt in an incident that was not your fault, you may be entitled to compensation. We look at when you might be able to bring a legal case and how to make a personal injury claim.

Personal injury can happen in many situations, including at work, slipping or tripping in a public place or an accident on the roads. Medical negligence is also a type of personal injury and occurs when someone is harmed by substandard healthcare or treatment.

This blog will explain the process involved in making a claim for personal injury and look at the deadline for starting legal action. Please note that this blog is for information purposes only and should not be taken as legal advice.

How do personal injury claims work?

If someone has been negligent and you have been harmed as a result, you can consider claiming personal injury compensation.

A solicitor can advise you as to whether you have a valid claim. It will be necessary to prove that:

• You were owed a duty of care;
• That duty was breached; and
• You were harmed as a result.

For example, if you are at work, your employer owes you a duty of care. If they fail to provide you with adequate training and safety equipment, they have breached their duty of care. If you are injured as a result of the lack of training and safety equipment, claiming for personal injury compensation is possible.

Claims are generally paid by the insurance company that provides cover to the individual or organisation. This could be a vehicle accident insurer or your employer’s insurer.

Making a personal injury claim

The first step in claiming for personal injury is usually to speak to an experienced personal injury solicitor. They will go through the details of what has happened and let you know whether you have a valid claim.

You will also be able to ask any initial questions you may have, such as how much you might be entitled to and how strong your case is.

Personal injury claims process

Notify people

Make sure that people are aware of what has happened to you. This means telling your employer if you were at work and following their accident reporting process, notifying the police of a road traffic accident or telling a supermarket if you have slipped on a wet floor.

Collect evidence

Collecting evidence at an early stage can be very helpful in building a robust case. If possible, take photos of the place where the accident happened and of your injuries and obtain the names and contact details of witnesses and people who can give information about the circumstances.

If there is CCTV of the incident, this will be useful. You should also make sure that you go to hospital and any follow up appointments that are recommended so that medical records are created.

Keep details of any expenditure you incur, such as travelling and parking costs for medical appointments and prescription charges, as these can be claimed as part of your compensation.

Speak to an experienced personal injury solicitor

Contact a personal injury solicitor as soon as you are able. If you want to claim for an injury, having expert representation early on is highly recommended. Your solicitor will be able to start putting together the necessary information while it is still easily available, as well as requesting witness statements while the incident is still fresh in people’s memories.

They will also be able to ensure that you have the support and guidance you need and that you do not inadvertently harm your claim. In any event, you should speak to a solicitor before you enter into any formal discussions or interviews regarding the incident.

Assessing your claim

Your personal injury solicitor will go through the details of what has happened with you and discuss the next steps.

They will start the personal injury claims process by putting together a detailed claim and identifying who is responsible for your injuries.

Medical reports will be obtained, giving details of the injuries you have suffered and your prognosis. These will be crucial in making your claim.

Notifying the other party’s insurer

The other side or their insurer will be notified that you will be making a personal injury claim.

Your solicitor will put your case to them, and they will consider the evidence and decide whether they are prepared to admit liability.

If they admit liability, your solicitor will provide them with evidence in support of the amount claimed.

Making a personal injury claim

In successful personal injury claims, you are entitled to two types of compensation:

• General damages; and
• Special damages.

General damages provide compensation for the pain and suffering you have endured as well as for any loss of amenity. This is the inability to do things you used to be able to do, such as sport or gardening.

Special damages compensate you for quantifiable financial losses. This includes items such as loss of earnings, if you have been unable to do your job, future loss of earnings, the cost of special equipment or adapting your home, travel costs for medical appointments and prescription charges.

If the other side admits liability, your solicitor will negotiate with them to try and agree on a sum in compensation.

Settling your claim

It is often possible to settle personal injury claims out of court. However, if the other side does not admit ability or the sum they offer in compensation is not sufficient, your solicitor will prepare your case for court.

You will be represented by an expert personal injury advocate, who will put your case to the court on your behalf. Your solicitor will ensure you are thoroughly prepared and that you have the guidance you need.

Is there a deadline for personal injury claims?

There is usually a deadline of three years from the date of the injury for starting a personal injury claim. If you were not aware of the harm at the time, for example, if you received an incorrect medical diagnosis, then the three-year period starts on the date on which you should reasonably have known.

For personal injury claims for children, the three-year period starts on the date of their 18^th birthday. In the case of vulnerable individuals who do not have the mental ability to manage their own affairs, there is no deadline.

Speak to our personal injury solicitors in Bristol

To book a free initial consultation with our specialist personal injury solicitors in Chew Magna, Kingswood or Westbury-on-Trym and the wider Bristol area, please get in touch today.

You can use the contact details for each office or, alternatively, fill in the enquiry form to request a call back.