The claims process – what to expect
Posted by: The personal injury help and advice team
Deciding to make a personal injury claim against another person or company can be a daunting prospect. But if you do your research first, the process doesn’t have to be as complicated as you think, and any compensation you may be entitled to could help support you and your family throughout your recovery and in the future.
Choose your legal representation
Choosing the right legal team from the outset is vital. Listen to personal recommendations, check out other online client reviews and make sure the law firm you’re interested in offers all the services you’re looking for, such as financial and No Win No Fee arrangements.
How long will my case take?
Unfortunately there is no easy way to find out how long a case will take to settle – each case is different and the complexity of the case, severity of injury(s) and whether liability is admitted or denied are all variable factors. Your legal team will usually be able to give you an indication of likely timescales and should keep you fully informed of any changes throughout the process.
The starting point for any law firm involved will be to establish the facts of your case. This includes what happened and the nature of any injuries sustained. After this, key evidence such as witness statements, photographs, CCTV, vehicle damage reports, medical reports and expert opinions may be gathered to support your case.
Keeping you informed
Some claims can take a couple of months to settle while more complex claims could take years. A good personal injury firm will always keep you up-to-date though, so all you have to worry about is your recovery.
Negotiating your claim
While getting a speedy resolution to your claim is important, ensuring you get the compensation you deserve will be any law firm’s priority. As part of the information gathering stage, an estimated value will be given to the claim and once liability has been admitted, your solicitor will look to agree the level of compensation with the defendant. In some cases, responsibility is not admitted or a level of compensation cannot be agreed and court proceedings may be instigated. Although it is very rare for personal injury cases to go to court.
Settling the claim
When liability has been admitted and the compensation amount has been agreed, those responsible will make a payment to settle your claim. The law firm will keep your file open for seven years after it has been closed, which protects everyone’s interests and meets Law Society Guidelines.
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