February 9th, 2012 
admin 
Personal Injury claims
If you have been injured through no fault of your own, either by someone else’s irresponsible action or negligence, you may be entitled to compensation to cover your lost wages, medical bills and other expenses. It is important to follow some essential steps when making a personal injury claim, in order to avoid wasting time and effort. By understanding the process, you can increase the likelihood that your personal injury claim will be successful.
Firstly, and most importantly, record as many details as possible about the accident: how it happened, if there were any witnesses, the time, date, place and circumstances. You may wish to get photos, if possible, of the area and what caused the accident. These steps should be taken immediately, even if you are not sure that you are going to pursue a personal injury claim. Remember to get copies of medical records from your physician as well. Later on, if you decide to move forward, the evidence you gather while the accident is fresh in your memory may prove important.
Next, you will need to seek legal advice. Most personal injury cases must be made within three years of the event, so it is important not to put this step off. Don’t worry too much about the cost of a solicitor. Solicitors will sometimes make conditional fee agreements. No win no fee solicitors will take the time to help you understand your chances and will only take on your case if they are fairly certain you have a valid case. It is even possible that insurance cover may help pay some of the legal costs of making a personal injury claim. Your solicitor will be able to explain the risks involved in moving forward and the possible costs of pursuing a claim.
If you decide to move forward with your case, you will need to contact any witnesses to the event and take down statements. You will also need to provide your solicitor with a detailed statement about the accident and how it has affected your life.
Once you have gathered all the information and evidence you will need, your solicitor will send a letter of claim to the responsible party. The letter will explain the nature of the accident, the extent of your injuries, and the legal reasons that you should be compensated. The other side has some time to investigate the claim and to respond. They will either offer a settlement or refuse liability, claiming they are not responsible.
If liability is accepted, a settlement will usually be offered. Your solicitor can advise you on whether you should accept an offer or negotiate for a different amount. The process may take time, so it is important to be patient until a settlement can be reached.
If your claim is denied, or an agreement can’t be reached, then your solicitor will raise a court action. The court will listen to the details of the case from both sides to determine whether or not compensation should be paid. If it will be paid, they will also decide how much to award. Most claims can be settled before they reach a court hearing.
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