How to file a personal injury claim

Claire Small
Authored by Claire Small
Posted Wednesday, November 25, 2020 - 12:21pm

Anyone that has had to deal with pain and suffering due to a personal injury knows that it can be extremely hard to focus on anything but the pain and worry. Worry about recovery, work, childcare, doctor visits, and, of course, bills.

When injured due to someone else’s actions, negligence, or fault, the last thing you need to worry about is how to file a claim for personal injury. Especially since it’s an extremelyimportant step on your road to full recovery. With that in mind, we put together this quick reference to guide you through filing a personal injury claim.

Are You Eligible?

In the U.K., personal injuries can be a psychological or physical injury, illness, or disease that occurs due to defective or faulty products, slip-and-fall, road accidents, or due to the negligence of another individual. Basically put, if you were injured due to someone’s negligence or a breach of statutory duty, then you’re eligible to make a personal injury claim.

Determining Your Potential Compensation

You can use an online personal injury claim calculator to help determine the compensation you may qualify for, and it will depend greatly on several things:

  • The severity of the injury or illness and whether it is permanent or temporary
  • Loss of earnings
  • Property damage
  • Past/future medical bills
  • Therapy, rehab, or specialists considerations,
  • Other expenses specific to your case.

The Best Bet

As mentioned above, the last thing you need at this point is more worry. Using a personal injury attorney will help ensure that your personal injury claim is a simple and straightforward process and that your rights are completely represented.

They’ll collect photos of the scene, police reports, witness statements, findings and the diagnosis from your doctor(s), and evidence of your injuries in order to completely assess your case and create a body of evidence that clearly shows how your injury occurred.

With a personal injury attorney in your corner, it’s highly likely that your case won’t even go to court. Only a handful of these types of claims actually make it to court because most of the time out of court settlements are negotiated before any trial.

However, your personal injury attorney will still prepare your case as if it’s going to court in order to ensure that they have enough evidence and witness testimony to show fault and the extent of your injuries. They’ll only settle out of court if it’s in your best interests and they’ll progress your claim to the judicial forum if need be in order to ensure that you get the compensation you deserve.

How Long Will My Personal Injury Claim Take?

The amount of time it takes for a settlement of your personal injury case will once again generally vary greatly depending on the severity of your injury or illness, the complexity of the evidence in your case, and whether the other party is accepting or denying responsibility. This is yet another reason why having an experienced personal injury attorney on your side is the smart choice - they’ll work hard to move your case forward as quickly and efficiently as possible.

 

 

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