How Does a Personal Injury Claim Work?

Reading time: 4 mins

Carrie Tennick, May 04, 2021

The process of making a personal injury claim can seem intimidating if you’re not sure how it works.

But it doesn’t have to be.

Being hurt in an accident that wasn’t your fault can be a hugely difficult time – even traumatic. Depending on how badly you’re injured, you may need medical treatment for a long while after. You may even have to take time off work to help you recover. This could put you in a challenging financial position.

That’s why the law allows for personal injury claims. They exist so you can claim the compensation you’re entitled to, which you can use to help you through a tough time.

So if you’re thinking of going ahead with a claim, take a look at our breakdown of how the process works.

Do you have a claim?

Working out whether you have a potential claim can be one of the most complicated aspects of the process. But the requirements are quite straightforward.

You could be able to make a compensation claim if:

  • You were injured in the last three years
  • You had to receive medical attention
  • Your accident was caused by someone else’s negligence

If you meet those conditions, you could have a claim. But if you’re not sure, just get in touch. Our expert claims advisors can help you work out if you can pursue a claim.

Find out if you have a claim

If you have a claim, the team here at First4Lawyers will then explain how the claims process works. We’ll explain the No Win No Fee agreement and that if you win your claim, your solicitor may charge you a success fee.

Being matched to a solicitor

The first step in the personal injury claim process is being matched to a specialist solicitor. Once we put you in touch with a lawyer, they’ll take over your case. As we can usually transfer you right away during your first call with us, you might want to think about the kinds of questions you want to ask your solicitor before you get in touch.

First, they’ll take some further information from you about your accident. They’ll then work out whether you have a strong claim. If they think you do, they’ll agree to represent you. They’ll run through what they might need from you, how you could fund your claim and what they’ll do to help you secure the compensation that can help make your recovery easier.

They may also talk to you about the sort of evidence they’ll need to put your claim forward.

Putting together the evidence

As part of the accident claim process, your solicitor will put together the evidence that will build your case. You may have to help by providing some of it.

This could include:

  • CCTV footage of your accident
  • Medical reports from the treatment you received
  • Photographs of the accident scene
  • Photographs of your injuries
  • Police reports, if they attended the scene
  • Witness statements from anyone who saw what happened

You can also provide your own statement, detailing how the accident and injury has affected you. The stronger your evidence, the stronger your claim will be. And if you’ve had to pay for expenses as a result of your injury, keep the receipts and details of them. You may be able to claim those back.

Presenting your claim

Once your claim is ready, your solicitor will submit it to the other party. This is often the insurer of the person or organisation responsible for your accident – especially in the case of an accident at work or a road traffic accident.

The other party will then either accept or deny liability. If they accept responsibility for your accident, your solicitor will then negotiate with them to get you the compensation you deserve. This will cover the pain and suffering you’ve experienced, as well as any related financial losses – such as anything you’ve spent on medical treatment or a loss of earnings if you couldn’t work.

If the other party does not accept that they are liable, your solicitor will explain how you’ve been affected by the accident, using the evidence they’ve compiled to show how serious the incident was. If they continue to deny liability, your claim may end up in court, where the judge will decide the outcome.

But this won’t normally be something to worry about. It’s a very unusual situation, with most claims being settled out of court.

Making things right

We asked our Twitter followers if they thought making a claim would be straightforward or not. Most people (71%) said no, they didn't think it would be straightforward. But with our help and the expert guidance of our solicitors, making a claim can be simple.

If you’ve been hurt in an accident that was someone else’s fault, you could be legally entitled to compensation. To find out if you can make a claim, just get in touch.

Talking to First4Lawyers is the first step in making things right again. We’re here to help ensure you get the justice you deserve.

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