Compensation Claim: The process of Making an Injury Claim

People sustain injuries on a daily basis due to many different circumstances, such as a road traffic accident or in the workplace. These accidents can have life-changing effects on people’s lives and can impact them both physically and mentally.

Therefore, personal injury compensation claims can be made through law firms in order to obtain the compensation needed to help with costs, such as medical treatment or caring costs.

However, the claims process for making a personal injury claim can be a daunting experience for some as it can be confusing with lots of things to consider. Here at Beacon Law, we are determined to make this process as clear as possible and provide legal advice and guidance along the way.

If you have suffered an injury as a result of an accident that was not your fault, you may be eligible to make a personal injury case to obtain personal injury compensation. Contact Beacon Law to find out if you are eligible to make a claim.

The Process of making a compensation claim 

When you contact us, you will speak with one of our experienced personal injury solicitors who will ask you for information during the initial consultation in order to help them assess the prospects of succeeding in your claim. Examples of relevant information that you may be asked for include:

·        The location, time and date of when and where the accident occurred

·        The circumstances that led up to the accident

·        The nature of injuries sustained as well as the severity of them

·        Details of any independent witnesses who may have seen your accident taking place

·        Any details of the negligent party (the defendant) and how they were involved in your accident

If, after discussing these details with you, we are happy to proceed with your claim, we will offer to progress your case on a no win no fee basis. On a no win no fee agreement, you will not have to pay any fees if you lose your case, and you will therefore be able to pursue your claim with a great degree of security. If your claim is successful, you will be responsible for the payment of our success fee and the insurance premium, which would be taken from your final award of compensation.

When we have accepted your case on a no win, no fee basis, we will send you some paperwork in the post for you to complete and return to us. Once we are in receipt of your signed documents, we shall proceed to contact the defendant of the case and notify them of your claim.

After this, we will keep you updated regularly on the progress of your case. The process may differ depending on whether the defendant accepts or denies liability for your case.

If we can prove that the defendant was to blame for your accident and injuries, we can proceed to the settlement of your case. You will likely be required to attend an independent medical expert to have your injuries assessed and documented before we can provide a valuation on your injuries.

How much will I receive from a compensation claim?

There is no exact amount of personal injury compensation that you will receive for your accident claim as each case is unique. Therefore, your compensation will be determined by the amount of pain and suffering the accident caused you as well as any inconveniences and complications it caused you. Your compensation awards will be split into two sections: general damages and special damages.

General damages – General damages refer to the compensation that you will receive for your pain and suffering as well as loss of amenity. Loss of amenity refers to the impact that your accident or injury had on your day-to-day life.

The amount of general damages compensation you will receive depends entirely on the severity of your injuries, the impact of the injuries and the amount of time that it took for you to recover from your injuries.

Special damages – Special damages refer to the financial losses incurred as a direct result of your accident. Examples of special damages include: 

•          Travel and transportation costs – These costs can be for travelling to and from medical appointments for any treatment associated with your injuries. 

•          Medical costs – This can include any medical expenses such as consultation fees or medication, as well as any long term treatment needed, such as physiotherapy.  

•          Loss of earnings – You will also be eligible to claim any earnings that you may have lost if you were forced to take long periods of time off work due to your injuries. 

Some law firms may offer a compensation calculator to attempt to get a specific figure of compensation for you. However, the compensation calculated can be unreliable as each case and injury is unique.

Conclusion of the case

As soon as both parties have completed their investigations, there are three potential outcomes of the case, as listed below:

·        In some circumstances, the information gathered during the investigatory stage may lead to your personal injury claim being reassessed as your solicitor may determine that you do not have any prospects of success and; therefore, no longer have a valid action.

This does not happen often, but should it occur in your case, we will discuss the reasons which led us to make that decision.

 ·        The defendant could make an offer for compensation which you may decide to accept if all parties consider the sum to be reasonable. You must; however, realise that such proposals may only transpire after some negotiation. 

·        In some circumstances, particularly where the defendant denies liability, does not convey their decision on liability, or does not make any reasonable offers, it may be necessary to commence formal Court proceedings. 

Just because we issue proceedings, it does not mean that the matter will automatically proceed to a final hearing, as the case could still settle at any stage. If however, the matter does proceed to trial, you should not be concerned, as your solicitor will guide you every step of the way. 

Please note that should it become necessary for us to commence formal Court proceedings, you will be required to assist your personal injury solicitor with a number of different tasks. For example, you will be required to sign a number of Court documents that your solicitor will prepare on your behalf and forward to you for checking and signing. 

You may also be required to attend a final hearing, or in rare circumstances, an interim hearing. Failure to cooperate with your solicitor at this crucial stage could have a detrimental effect on your case and may result in the court imposing sanctions, such as striking your claim out.

How can Beacon law assist you in making a compensation claim?

Beacon Law is a Manchester-based law firm that specialises in personal injury claims for claimants based all over England and Wales. Our team of highly experienced personal injury specialist solicitors and legal professionals have processed large numbers of successful claims for personal injuries.

We are experts in no win, no fee compensation claims, and we are authorised and regulated by the Solicitors Regulation Authority.

If you have sustained injuries following an accident or as a result of someone else’s negligence, then contact Beacon Law today by calling 0330 1332 857 or complete the contact form at the top of the page to request a callback, and we will put you in touch with an experienced personal injury solicitor.