Making a Personal Injury Claim - Expert Advice

someone's been injured they should

contact this list as soon as they feel

able to do so after the accident while

things are fresh in their mind the sort

of cases that we would regularly see are

people that involved in road traffic

accidents accidents at work trips on the

pavement dog bites pretty much any type

of accident may lead to a plane

depending on who's at fault the

solicitor can guide them through the

litigation process and take the stress

away from them point them in the right

direction in terms of what sort of

rehabilitation they may need it's not

just a question of compensation for a

lot of people they need more than that

there are two types of damages people

can make a claim for pain suffering and

loss of amenity which is the the damages

and compensation they receive for the

injury then there is a second type of

damages called special damages where the

client is put back in the position they

would have been if the accident haven't

have happened so they will be reimbursed

expenses and loss of earnings and any

out-of-pocket expenditure they've been

put to as a result of the injury claims

can settle at court and keep claims can

settle well before they go to court and

it depends on the nature complexity and

value of the claim as to whether it

needs to go to court or not I would

normally advise any client to allow at

least 6 to 9 months for a personal

injury claim to assume that is because

we have to wait for medical evidences it

dangerous to try and set a claim too

soon some cases however can settle very

quickly the vast majority I would say 9

months to a year there's quite a few

initial steps that need to be taken in

order to preserve the evidence and that

is available to determine who's at fault

for the accident and to then help the

client decide whether they should

proceed with a claim and how much

compensation they'll be entitled to

receive my usual rule of thumb is that a

case should be settled within one year

of proceedings being issued however it

really depends on what type of injury

you suffered because if you suffer a

very serious injury then it's not going

to be for six months or a year after the

accident before you even start to

realize the

the injury and how long is going to take

most clients are are interested in

pursuing a claim on the basis they no

win no fee agreement what we call a

conditional theory if we are successful

then they will recover most of their

legal costs from the opponent but not

all of them and they normally have to

pay a contribution often capped at 25

percent of their damages the vast

majority of personal injury claims that

we would see are dealt with by

negotiation I would say very few end up

in court but that depends on how complex

they are how contentious they prove more

often than not that cases are settled by

agreement and at a fairly early stage