On the surface, the stages of a personal injury claim seem straightforward. Lodge your claim, try to agree to a settlement, and go to court if necessary. However, there are set procedures for those looking to lodge a personal injury claim and a general timetable to pursue it as far as possible.
If you’re wondering what is entailed in a personal injury claim, read on for our easy to follow step-by-step claims guide.
Pursuing a personal injury claim
Step one: appoint a representative
Firstly, you’ll want reliable legal representation if you’re planning a claim. A good personal injury solicitor will be able to guide you through the process easily – leaving less to chance.
It’s worth noting that all claims must be brought within 3 years of the initial accident, too.
Step two: investigate the claim
Once you’ve selected your solicitor of choice, you’ll be able to give the full details to your lawyer. Then it’ll be up to your solicitor to investigate the claim and decide who is to blame for your accident.
They will be looking at whether your injury is a result of an accident or negligence. If the former, no claim can be made.
You’ll also need to carry out your pre-action protocols if your solicitor establishes that your injury was the result of negligence.
Step three: issue a letter of claim
Once it’s been decided where the blame is to be allocated, your solicitor will send a letter outlining the details of the claim to the third party. Then, they can decide whether to accept or deny the blame.
Step four: settlement negotiations
To avoid a court proceeding, the next step is to begin negotiations. At this stage, a potential settlement can be negotiated regardless of whether the liability has been accepted or denied.
If all parties want a fair settlement to happen out of court, it’s best to reach an agreement at this stage.
Step five: court proceedings
If no agreement is reached during negotiations, then court proceedings will begin. Although it can be daunting, don’t let this put you off. In fact, only a small minority of cases end up going to court.
The bottom line is that the legal system can be complex to say the least! However, once it’s broken down into simple steps, the whole process becomes much less daunting. From choosing your solicitor, right through to the pre-action protocols and out of court negotiations, our guide makes bringing a claim simple.
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