How do personal injury claims come about?
Every year, over three million people experience personal injury through accidents at home, at work, in their cars or outdoors. Many of these accidents are caused by something or someone other than the victim and if this is the case, a claim for compensation may be applicable.
However, Personal Injury Law can appear complicated. Here are some helpful answers to questions you might wish to ask when considering making a claim:
Do I have a viable claim?
A successful personal injury claim rests on the ability to prove that you have experienced injury or illness as a result of somebody else’s negligence or breach of a duty imposed by legislation.
To maximise your chance of success, you will need to show there is an individual or organisation against whom a claim can be made and that the accident or injury was caused by one who owed you a duty of care and could have taken reasonable precautions to avoid this occurrence.
Can I still make a claim if I am partly at fault?
Yes, you can still claim, but if you were partly at fault, an allocated percentage of your compensation may be deducted. For example, if you were found to be 40% at fault, then this would be deducted from a total compensation of £1000, meaning you would receive £600.
Will I need to see a doctor or medical specialist to claim?
Yes, a personal injury claim case must be supported with medical evidence following an examination by a specialist. Your medical history will most probably be reviewed but not discussed in the report unless relevant to this particular claim.
How long will the process take?
The length of time varies according to individual cases; it depends on the evidence needed and whether the opposition dispute your claim. Generally, a claim can be expected to settle within 6-12 months but in certain circumstances, such as the necessity to commence court proceedings, this can take longer.
How can I finance my claim?
Claims are usually funded in one of two ways:
- Through legal expenses insurance which you may be covered for under your current household or vehicle insurance.
- A ‘no win, no fee’ deal where if you win, the opposition will be responsible for paying the costs and if you lose, there is no solicitor fee to be concerned about. However, insurance is usually advised to cover the possibility of having to pay any of the opposition’s legal costs should you lose.
Will I need to attend Court to claim?
It is unlikely your claim will proceed to Court as this can increase legal expenditure. Insurance companies would prefer to settle outside of Court to avoid these additional costs.
However, in the event of a dispute, some of these cases can end up going to Court. But don’t worry – your solicitor will be with you every step of the way to ensure you are comfortable with the process.
If you think you might have a Personal Injury Claim, contact us now. At Russell Worth Solicitors we can help you navigate the law and make the best possible decisions for your own, individual circumstances.
