The compensation claims process: our personal injury solicitors‘ guide to what to expect
Most people nowadays know that if they are injured in an accident that was not their fault claiming for compensation is a possibility. Whether you’re looking at a medical negligence claim, slip or trip claim, or have experienced an accident at work or on the road, starting a claim can feel daunting. But in fact most claims are not nearly as irksome as you may think if you have the support of the right firm of personal injury lawyers.
It’s important to understand that every claim for compensation is different and depends on the individual circumstances. However, to give you a general understanding of what to expect, Universa‘s personal injury solicitors have prepared this simple guide demonstrating how the claims process usually works.
Will I have to go to court to make a slip claim or other personal injury claim?
There’s a common misconception that claiming for compensation involves suing the other party directly. In fact this is generally not the case. Unless the claim is extremely complex (for example, a medical negligence claim where liability has to be proved and lifetime’s damage has occurred), your personal injury solicitors should be able to deal with the matter out of court. The claim is usually made directly to the insurance company responsible for the other party’s liability.
This means, for example, that a slip or trip claim will usually go to the council or premises proprietor’s public liability insurers. Whereas in the case of a road traffic accident your car accident solicitors will go directly to the other driver’s vehicle insurers. Work injury lawyers will look at your company’s employers insurance, and so on. It’s only in very rare cases that a claim would be pursued directly against another person in the form of a court case.
How long is a claim likely to take in your personal injury lawyers‘ view?
The short answer is that every case is different and it depends entirely on the individual circumstances of your claim. This is one of the reasons why it’s so important to instruct a good firm of personal injury solicitors who will assess your case thoroughly and ensure the correct procedures are followed. However as a rough guide it would be fair to say that a standard claim with no specific complexities or disagreements could be processed by your personal injury solicitors within around 6-8 months.
You should also be aware that there are time limits on initiating a claim. These can vary, but in general you should look to instruct your personal injury lawyers as soon as possible and certainly within 3 years of the incident occurring – or within 3 years of you first realising that the incident has caused you harm. A good example of this scenario is the recent and widely publicised breast implant scandal where many patients did not realise they were at risk until side effects started occurring. In cases such as these the time limit runs from the time when the issue became apparent.
What services will my personal injury lawyers provide?
A good, ethical firm of personal injury solicitors will have your interests at heart and will do everything possible to achieve fair and appropriate compensation for you. This will include a thorough assessment of your case and review of any evidence such as photos, witnesses or doctor’s reports. Usually your personal injury lawyers will then make representations to the other party’s insurance company on your behalf.
In most cases the process is fairly straightforward, but don’t fall into the trap of thinking that an effective claim can be pursued without the support of personal injury lawyers. They know the law inside out and can ensure that you receive everything you are entitled to. Plus, they should ensure that all costs are recovered from the other side’s insurance company to make sure you keep every penny of your compensation.
At Universa our specialist personal injury solicitors, traffic accident lawyers and medical negligence solicitors operate on a strictly no fee, win or lose basis to protect you. What sets us apart is our breadth of experience, the quality of our people and our commitment to serving you from day one. If you need to talk to a firm of personal injury solicitors contact Universa for discreet advice, a sympathetic approach and the support you need to get back on your feet.