The term “personal injury” is a legal term which describes an accident that has resulted in either physical or mental injury. If the injury was somebody else’s fault then you may be able to claim compensation. This can apply to any incident ranging from small trips to serious injuries sustained at work.
The first step in the compensation process is finding someone to pursue the claim.
The are lots and lots of people who call themselves claim handlers who advertise their service extensively. However these people are usually not qualified and are working from the equivalent of call centres. There is individual complexity in any claim and it is always best to use a properly qualified solicitor.
Specialist solicitors will be able to make an evaluation of a claim and decide whether or not it is worth pursuing and if it is, they will be able to tell you roughly how much you can expect to be compensated. The nature and severity of the injury will have a major effect on how much you can claim, as well as a few other factors such as expenses and loss of income.
Most solicitor firms now offer a “No Win No Fee” service. Which basically means that the accused side has to pay the legal fees of both parties as well as the compensation. Even if the claim is not successful the person doing the claiming rarely has to pay anything. Your solicitor will explain more about this.
As Nigel Holdcroft a partner at Tolhurst Fisher LLP Solicitors commented, “using a solicitor means that you will have expert advice on hand at every step of the way at no extra cost.”
The next step is for a medical report to be commissioned.
Once the claim is made, the process will depend on the nature of the injury and the attitude of the person against whom the claim is made. Many claims do not get to court as they are settled following negotiations.
Claim Checklist:
1/ Usually the accident must have happened in the last three years.
2/ The accident must have been someone else’s fault.
3/ To be classed as an injury, you have to have received medical attention from your injury.
4/ The person at fault must be able to pay compensation (usually through insurers)
Solicitors Essex If the claim succeeds the party at fault will pay both sides costs as well as any compensation due. Many claims are settled outside of court following negotiations. Once you’ve made the claim, the process that follows will depend on a couple of factors.