What does it mean when we talk about making a Personal Injury Claim?

In this post, Lauren Martin, one of our Personal Injury lawyers, explains the basics of personal injury claims – when you need a personal injury lawyer, what happens when you contact us, how the claims process works and how compensation is calculated. Hopefully, this will clarify misconceptions about personal injury claims and help you if it’s something you are considering doing. Over to Lauren to explain.

The Basics of Personal Injury Claims

‘Can I make a claim?’      

‘How much is my claim worth?’

‘How much will it cost me to make a claim?’      

‘Can you help me access private medical services?’ 

These are all questions I am frequently asked, and they are all completely valid. 

It’s often the case that you don’t know how much you need a personal injury lawyer until you need one. At Thatcher + Hallam we hope that no-one ever causes you any harm or injury due to their negligent actions, but if something should happen to you the process of making a claim can often seem a daunting process. 

Who needs a personal injury lawyer and why?

You might be surprised at the number of different ways our clients come to harm. To keep things simple, we split injury types into into three categories:

1. Road traffic accidents
2. Public liability accident (such as if you slip on something in a supermarket and suffer injuries) 
3. Employers liability (where your employer does or fails to do something which causes injury)

In all the above scenarios it is almost always the case that insurance is available to cover the cost of an injury claim. Essentially, the insurers step in and take over from the person or company that caused you injury. 

The misconceptions around ‘claim culture’

It is often a horrible and toxic misconception that people claiming compensation are greedy and should just ‘get on with it’. However, this is not the case! And I will explain why: 

• Firstly, injured people who could claim but don’t can end up relying on the NHS for treatment and rehabilitation. This puts more pressure on local health services. 

• Secondly, rehabilitation can take months to start via the NHS and in that time it is not unheard of that the injuries will prevent the injured person from working. This then puts pressure on their home life, family situation and often leads to the requirement to claim government benefits just to scrape by. 

• Thirdly, the injuries caused were preventable. Making a claim often brings about change so other people don’t suffer the same fate in the future. So, whether that be the Council fixing a loose slab or an employer repairing faulty machinery, your personal injury claim can make a difference to other people too by preventing future accidents and injuries.

The bottom line is this.  Insurance is there for a reason. It puts a much heavier strain on health services and the Department of Work and Pensions when a claim is not made and the injured person instead has to try and put the pieces of their life back together with no assistance or guidance. 

For more information on how injury claims benefit injured people, their families and their lives take a look at the Rebuilding Shattered Lives Campaign run by the Association of Personal Injury Lawyers.

What happens when you contact us about a Personal Injury Claim?

We would always recommend instructing a personal injury lawyer if you are making a claim. These areas of law can be complex and an injury lawyer provides the support and knowledge needed to make the process as straightforward and stress free as possible. From the initial discussion about how the accident happened and the injuries you suffered, our legal team are able to assess the potential of the claim and the law applicable to it. 

All discussions with us are completely without judgement and we pride ourselves on having a friendly and confidential approach to all matters. 

After the initial discussion, the choice is then yours as to whether you would like to proceed with a claim. 

Some clients like to wait a short while before proceeding, for instance if they have had extensive surgery or are under pre-existing treatment.  However, we would always advise to instruct an injury lawyer, solicitor or experienced legal representative as soon as possible as you only have 3 years from the date of the accident to either settle your claim or take it to court (if you are over 18.) 

We act on a ‘no win, no fee’ Conditional Fee Agreement as standard. This is fully discussed with clients when they decide to proceed with a claim. Prospective clients are more than welcome to contact us regarding this method of funding. 

What to expect when making a personal injury claim

This is a very basic overview of the claims process:- 

1. We are instructed by the injured person. 
2. We notify the defendant of the claim and gather the information needed from them to start the claim. 
3. The claim is started when the defendant insurers are sent a ‘letter of claim’ or receive a claim notification through the Claims Portal from us.
4. The defendants provide a liability decision, either accepting liability, accepting liability subject to causation (e.g. they do not agree that the accident caused the injuries or they believe there is an element of contributory negligence) or liability denial. 
5. If liability is accepted or accepted subject to causation, medical experts will meet with you to assess your injuries and provide a report detailing their opinion and recommendation for treatment. 
6. If liability is denied this does not necessary mean your claim will end. But it may take a different route which your legal representative will discuss with you. 
7. Medical evidence is finished, you finish rehabilitation and hopefully you have fully recovered. Financial losses and injury compensation are evaluated by your legal representative. 
8. Negotiation takes place between the defendant insurers and your lawyer. 
9. The claim settles, compensation is paid you to you and the claim is settled. 

What you can claim for and how compensation is calculated

Compensation is essentially made up of two elements:

1. Compensation for the injuries themselves 
2. Compensation for past and future financial losses and expenses. 

Injury compensation calculations

Injuries themselves are valued using the Judicial College Guidelines and associated reported past injury claims from injury solicitors up and down the country. These sources give a near precise indication of how much the injuries would likely be worth in compensation. 

We are always very careful and conscientious when it comes to valuing a claim to ensure the best outcome for our clients and that the compensation they receive reflects all post-accident injuries and any continuing  symptoms and issues. 

Financial loss assessment

You can claim for a number of financial losses for your assessment. A non-exhaustive list are things such as:

• Loss of income
• Travel to and from medical appointments
• Help and care someone else has provided to you whilst injured for things you would usually do yourself. 
• Medical expenses, such as self-funded physiotherapy
• Miscellaneous expenses, such as prescription charges, medications, ruined clothing, broken personal effects, etc. 
• Future expenses (e.g. if the medical expert says you need physiotherapy for the rest of your life, this would be added to future expenses). 

We would advise anyone who has had an accident, even if they have not yet decided whether they will make a claim, to keep a record of all of the above so that every expense, no matter how small, can be claimed back.  

Can we help you with a Personal Injury Claim?

Hopefully, this post has helped explain the basics of personal injury claims. But if you have any further queries about the process please get in touch. And if you’d like to discuss making a personal injury claim we would be happy to help you with this.

Remember, we deal with personal injury claims on a ‘no win, no fee’ basis and there is no cost for you to make an initial enquiry about whether you are able to make a claim.

You can contact us by:

• using our online form to make your initially enquiry
• calling us on 01761 414646

One of our specialist personal injury team members will then get in touch and can guide and support you through the process, which we hope will ultimately result in a successful outcome in terms of rehabilitation and compensation for your personal injury claim.