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Overview of Personal Injury Claim Process
- Dec 18, 2019
- Latest News
This article is a whistle-stop tour of how a personal injury claim would proceed.
At Trethowans we offer an initial free appointment to discuss your potential personal injury claim, in the meeting we advise you whether you have prospects of winning your case, what compensation you may be entitled to for your injury, how you will fund your claim and what the overall process is.
Funding has to be put in place at the beginning of the case, the main ways of funding a personal injury claim is either through a Conditional Fee Agreement (more commonly known as no win no fee) or legal expenses insurance.
We then start the investigations into your claim.
It is for you as the Claimant to prove that the Defendant is at fault.
Therefore as part of the investigations we would take a Witness Statement from you setting out what happened and take statements from any other witnesses to the accident. We may need to involve an expert to provide expert liability evidence.
We also have to gather evidence about the injuries sustained and therefore medical experts would be instructed to provide independent medical reports setting out what injuries have been caused by the accident, your future prognosis and any treatment recommendations.
As well as working for a good result at the end of the case it is also key that you have correct rehabilitation during the life of the case. All parties work under the Rehabilitation Code and every effort will be made to ensure that you are provided with the rehabilitation which is required to assist your recovery.
Once evidence is gathered we use this to value the claim. Compensation is split into two parts; firstly general damages for your pain, suffering and loss of amenity. We look at previous case, featuring Claimant’s with similar injuries to assist us in valuing the general damages. Secondly, special damages which are the past and future financial losses such as medical expenses, loss of earnings, care and assistance, etc.
Settlement can take place at any point in the case but we would not advise you to settle your claim until we have sufficient evidence to be able to value your claim accurately. If your case has not settled before the third year anniversary of the accident we will issue Court Proceedings.
Many thanks to Frances Gillett and Trethowans.