How do personal injury claims work?

If you’ve been injured in an accident that wasn’t your fault, you could be entitled to compensation – but how do personal injury claims work? 

These types of cases have become more and more commonplace in recent years, with thousands of people each year looking into getting a cash sum to cover the emotional and physical stress caused by an accident that could have been avoided.

In this article, we’ll explore how do personal injury claims work, as well as why it’s essential to enlist the help of an experienced solicitor.

How do personal injury claims work?

The claim letter

Once you’ve enlisted the help of a solicitor and discussed your claim with them, they will send out a claim letter to the individual or company that you’re holding responsible for the accident. The claim letter will include specific details of what happened, as well as the date and time of the accident. In some cases, the solicitor may suggest a relevant medical professional to back up your claim.

Is there a time limit on how long the defendant can take to reply?

Yes, the defendant usually has to reply to the claim letter within three months. When they reply, they will either accept or deny liability for the accident and your injury. If they accept liability, the matter will be settled out of court. If they deny liability, your solicitor will advise you on whether to start legal proceedings.

Making your claim

One of the most important aspects of enlisting the help of a solicitor is that they will most likely have lots of experience in handling personal claims, so they will be able to advise you of what they think the value of your claim is. If you want to make an offer to settle for the value of the claim, this is called a Part 36 offer. If the defendant accepts the Part 36 offer, then the matter can be settled out of court.

It’s common for the defendant to respond with their own offer, in these cases your solicitor will be able to advise you on your next steps.

What if the case is taken to court?

If the defendant denies liability and refuses to settle, your solicitor may advise you to take the case to court. If this happens, you will be part of a trial, and you will advised on how to challenge them to get compensation.

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