Personal injury claims are legal disputes that arise when an individual suffers harm or injury due to the negligent or intentional actions of another party. A claim is the process of seeking compensation for medical and out of pocket expenses, lost wages, pain and suffering and any other damages caused by the incident.
Many people assume that the personal injury claims process can be expensive and complex and therefore pass up the opportunity to regain compensation for their suffering. With the help of a professional solicitor, the claims process doesn't have to be. In the following guide, Ramsdens Solicitors explains everything you need to know about personal injury claims and outlines what you should do if you believe your accident was not your fault.
The Importance of Personal Injury Claims
Personal injury claims play a crucial role in ensuring justice for victims who have suffered physical, emotional or financial harm due to someone else's wrongdoing. By pursuing a personal injury claim, individuals can seek compensation that can help alleviate some of the burdens associated with their injuries.
One key component of personal injury compensation is to cover medical expenses. Injuries often require costly medical treatments such as surgery, rehabilitation therapy, medication and ongoing care. Through a successful claim, individuals can cover these expenses and ensure they receive necessary medical treatment without having to pay for them out of their own pocket.
Additionally, when an individual sustains injuries that prevent them from working temporarily or permanently, they may not be able to earn a living. A successful claim can help recover these lost wages and provide financial stability during the recovery process.
Beyond financial compensation, personal injury claims also serve to hold negligent parties accountable for their actions. By pursuing legal action, an individual can shed light on dangerous practices or negligence that may have caused their injuries. This helps to prevent similar incidents from occurring in the future and promotes a safer environment for others.
Step-by-Step Guide to the Personal Injury Claims Process
Bringing a personal injury claim can be a daunting process. However, with the right knowledge and guidance, you can navigate through it smoothly. In this step-by-step guide, we walk you through the steps involved in filing a personal injury claim.
1. Initial Steps After an Injury
The first and most crucial step to take after sustaining an injury is to prioritise your health and safety. Seek immediate medical attention for your injuries, even if they seem minor at first. It's important to have documentation of your injuries from a medical professional as this medical evidence will play a significant role in supporting your claim later on.
After seeking medical care, it is essential to gather evidence related to the accident or incident that caused your injuries. This can include taking photographs of the scene, collecting contact information from any witnesses present and obtaining copies of any relevant documents, such as police or incident reports.
2. Consulting with a Specialist Personal Injury Solicitor
Navigating the legal aspects of a personal injury claim is technically possible without the support of a legal expert, but you should not attempt to do this. An experienced personal injury lawyer will provide you with valuable advice and ensure that your rights are protected. The solicitors at Ramsdens can guide you through the process in a way that only someone experienced and trained in personal injury law can.
During your initial consultation, your solicitor will evaluate the merits of your case and help determine the best course of action. They will guide you through the legal procedures, negotiate with insurance companies or their solicitors on your behalf and represent you in court if necessary.
3. Gathering Evidence
To strengthen your personal injury claim, it is crucial to gather as much evidence as possible. This can include:
- Medical records: obtain copies of all medical records related to your injuries, including doctor's notes, test results and treatment plans.
- Financial reports: keep track of all your expenses that may relate to the accident or incident, such as medical bills, prescription costs, transportation expenses for medical appointments, and any other out-of-pocket expenses.
- Proof of lost wages: if your injuries have caused you to miss work or have resulted in a loss of earning capacity, gather documentation from your employer verifying the time missed and any resulting loss of income.
- Witness statements: if there were witnesses present at the time of the accident or incident, obtain written statements from them detailing what they saw or heard.
- Surveillance / CCTV footage: if applicable, try to obtain any surveillance footage that may have captured the accident or incident.
- Expert opinions: in the majority of cases, expert opinions are necessary to establish liability or assess the extent of your injuries. This can include medical experts or professionals versed in the context of the incident. For example, an engineering expert might be able to provide insight on how your injury happened following an accident with machinery.
To be able to claim compensation for financial losses, evidence of these incurred losses is essential. For physical and mental suffering, a lack of evidence could mean you miss out on claiming the full amount you would have otherwise been able to.
4. Negotiating a Settlement or Pursuing Litigation
Once you have gathered all necessary evidence with the help of your solicitor, you can pursue compensation for your injuries. In many cases, personal injury claims are resolved through negotiation with the responsible party and their insurance company / solicitor.
Your solicitor will represent you with the goal of reaching a appropriate settlement that adequately compensates you for your injuries and losses with minimal disputes. If a settlement cannot be reached, court proceedings may become necessary, and your solicitor will represent you throughout. However, most claims are handled outside of court.
Factors Affecting the Value of a Personal Injury Claim
One of the most important factors to consider when making a personal injury claim is its value. This is determined by various factors of your injury and its effects. The more severe an injury, the higher your value of compensation is likely to be. For example, a broken bone may warrant a higher settlement than a minor sprain or strain.
Pain and suffering is another factor that affects the value of a personal injury claim. While it is difficult to assign an exact monetary value to pain and suffering, it is typically calculated based on the severity and duration of physical pain, as well as emotional distress caused by the accident or incident. We can help to assess these factors and determine how much compensation they are worth.
However, with the financial aspects of your injury considered, even a less severe injury can be valued highly in a compensation claim. The extent of medical treatment required also affects the value of the claim. Medical expenses such as hospital bills, surgeries, rehabilitation sessions, medication costs and ongoing treatments can significantly increase the value of a personal injury compensation claim.
Something that is often overlooked is the impact that personal injuries can have on an individual's day-to-day and overall quality of life. This includes limitations in mobility or activities they were once able to enjoy before their accident or incident occurred. Loss of enjoyment in life, inability to participate in hobbies or social activities and emotional distress caused by these limitations can all contribute to the overall value of the claim.
It is important to note that every personal injury claim is unique, and the factors affecting the value may vary depending on the specific circumstances of each case. Consulting with a personal injury solicitor who specialises in these types of claims can help individuals better understand how these factors apply to their situation and the compensation they may be entitled to.
Common Types of Personal Injury Claims
Personal injury covers a wide range of situations where an individual is injured due to someone else's actions or inaction. Below are examples of some of the cases Ramsdens regularly deals with:
Road traffic accidents
With millions of vehicles on the road, accidents can happen at any time. Whether it's a minor bump or a major collision, car accidents can result in serious injuries and property damage. In these cases, the injured party may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.
Slips, trips and falls
Slip and trips accidents are another common type of personal injury claim. These occur due to hazardous conditions on someone else's property. Examples include wet floors, uneven surfaces, poorly maintained walkways, or inadequate lighting. Property owners have a duty to maintain safe conditions for visitors, so if negligence is proven, the injured party may be able to recover damages.
Accidents at work
Workplace accidents can occur in any industry and involve injuries sustained while at work. Examples include construction site accidents, manufacturing mishaps, slip and falls in an office setting, or exposure to toxic substances.
Head injuries
Due to the vulnerability of the head and brain, head injury claims can be some of the most highly valued.
Mistakes to Avoid When Pursuing a Personal Injury Claim
When pursuing a personal injury claim, you need to be aware of the common mistakes that can significantly impact the outcome of your case.
One of the most important mistakes to avoid is delaying or failing to seek medical attention after an accident or incident. Even if you believe your injuries are minor or that they will heal on their own, it is essential to see a healthcare professional as soon as possible. Delaying medical treatment not only puts your health at risk but also raises concerns regarding the severity of your injuries. Many injuries may not seem serious initially but can develop over time. Without proper care, this can have repercussions later down the line.
Properly documenting the incident and your injuries is another aspect that should not be overlooked. This documentation will help to prove the extent of your injuries and who was responsible for them when negotiating with insurance companies or presenting your case in court.
Accepting an early settlement offer without seeking legal advice can lead you to missing out on the compensation you need. Insurance companies often try to settle claims quickly and for less than what they are worth. By consulting with personal injury lawyers before accepting any settlement offer, you can ensure that you are being fairly compensated for all past, present and importantly, future damages resulting from the incident.
Providing recorded statements without legal representation is yet another mistake that can harm your personal injury claim. The other party may try to obtain recorded statements from you shortly after the incident when you may still be in shock or unaware of the full extent of your injuries. Having legal representation during this process ensures that you do not inadvertently say something that could be used against you later in negotiations or litigation.
Missing the deadline for making a claim can completely stop you from seeking compensation. Claims in the UK typically have a three-year time limit that they must be started within. This time limit begins from the date of the incident. However, there are some exceptions to this. For cases involving children, the personal injury claim can be brought at any time before their 21st birthday. For those lacking mental capacity, there is no time limit.
Ramsdens Can Help
To learn more about what you should do following your personal injury, speak to the experts at Ramsdens today. We can guide you through every step of making a claim, including helping you to understand whether you are eligible to do so. Call us today on 0345 872 6666 or fill out an online contact form and our personal injury team will be in touch at a time suitable for you.