Personal Injury Claims Process – Frequently Asked Questions

What is the process of a personal injury claim?

When initiating a personal injury claim, it is natural to have questions and concerns about the process. The personal injury claims process is usually fairly straightforward, and the steps taken will vary based on the circumstances, such as whether the party responsible for your accident responds to the claim, whether liability is denied or accepted, and whether we can agree a settlement with the other side out of court.

The process typically begins with gathering evidence to support your claim, such as medical records, witness statements, and any other relevant documentation. Once sufficient evidence is collected, a formal letter of claim is sent to the party at fault, outlining the details of the incident and the injuries sustained.

The opposing party has a set period to investigate and respond, indicating whether they accept or deny liability under the Pre-Action Protocols. If liability is accepted, negotiations may take place to agree on a fair settlement. You will also be required to attend a medical assessment during this time to prove causation and to determine the extent of your injuries.

When a settlement is agreed, the person responsible for your injuries will pay your compensation, as well as a portion of our legal costs.

If liability is denied or a settlement cannot be reached, the case may proceed to court, where a judge will determine the outcome.

How long does the personal injury claims process take?

Unfortunately, it is impossible to provide a precise timeframe for settlement, There are many factors that determine the length of time it takes to successfully conclude a claim. These factors can include the severity of your injuries, how willing the defendant is to concede liability, and other specific issues that are unique to your case.

In cases where fault for the accident can be easily established and it is not necessary for us to issue formal court proceedings, we can in most circumstances settle a claim within 6 to 12 months. If it does become necessary to issue court proceedings, the court will provide a case management timetable which orders the parties to perform certain tasks by specified dates. We will advise you of the dates and when we expect the final hearing to take place.

Beacon Law’s personal injury lawyers have a wealth of experience and we pride ourselves on completing the claims process in as efficient manner as possible.

Who will be responsible for my case?

Your case will be assigned to one of our personal injury solicitors who will conduct your claim from start to finish. Your solicitor may delegate certain tasks relating to your case to other individuals within the firm. You will be advised of your solicitor’s name and contact details at the outset of your claim.

Your claim is subject to constant supervision from one of the firm’s partners, and in the event your assigned solicitor cannot answer your queries, or you are concerned about something relating to your case, you should not hesitate to contact the supervising partner.

Will I have to go to Court as part of the personal injury claims process?

It is usually in the interests of both parties to settle a claim before it goes to court. Early settlement tends to reduce costs payable at the successful conclusion of a claim. For that reason, a very small proportion of personal injury claims ever proceed to court.

We cannot, however, promise that your case will never go to a final court hearing. It really depends upon the circumstances of the accident, the other party’s view of who is liable, and our ability to negotiate a suitable settlement.

In the unlikely event that your claim does proceed to court, we will be at your side every step of the way. Our solicitors’ experience and knowledge will ensure that you are fully prepared and comfortable with the process.

Will I have to travel anywhere in connection with my claim?

You will be required to attend a medical appointment with a suitable medical expert in order that a report maybe prepared on your injuries. We have strong links with nationwide service providers. Therefore, any appointment you need to attend will be arranged in your local vicinity for your convenience.

Should it be necessary to issue court proceedings, we shall request that your local court deal with these proceedings.

If I contact you, am I obliged to make a claim?

Upon contacting us, you are entitled to a free no-obligation consultation which is designed to provide you with initial advice and help our solicitors to assess the prospects of success in your claim.

If we do not believe that you have a valid claim, we will advise you of the same, and you will not be charged a penny. If however we believe you have a good case, we will agree to act for you on a “no win, no fee” basis. It is then your decision as to whether you choose to instruct us.

What is my claim worth?

Not one personal injury claim is the same as another, and for that reason it is extremely difficult to value a claim without a medical report. We will therefore arrange a medical appointment and ask you to attend in order that the expert may examine you and interview you with a view to preparing a detailed report. It is for that reason that we are unable to advise you of the potential value of your claim at the outset.

The value of your claim also depends upon the other losses that you may have incurred as a result of the accident. It is very important that you keep a record of losses incurred and wherever possible obtain receipts or invoices in relation to those losses.

Once we are in receipt of the medical report and documentary evidence in relation to your other losses, we shall be in a position to provide you with a valuation. Once you agree our valuation, we shall proceed to try and settle the claim for that amount.

Am I free to instruct a solicitor of my own choice?

European Union legislation ensures that you are entitled to instruct a solicitor of your own choice. We do, however, believe that you should instruct a solicitor and a firm who are entirely committed to representing you and who have the absolute expertise of personal injury solicitors.

Beacon Law are outright specialists in the field of personal injury, and have solicitors dealing with all types of claims. Therefore, whether you have been injured as a result of a road traffic accident, an accident at work, an accident whilst out and about, or contracted an illness or disease as a result of working in improper working conditions, we are the right firm for you, and our specialist personal injury solicitors are eager to help you recover the compensation you need and deserve.

What is an interim payment?

An interim payment is designed to help you get back on your feet as quickly as possible whilst your solicitor is negotiating settlement of your case. An interim payment could be considered as a partial settlement of your claim and is not to be considered as a full and final settlement.

For example, where you have been involved in a road traffic accident and your vehicle is beyond economic repair, the defendant may release an interim payment to cover the costs of a replacement vehicle.

Similarly an interim payment may be paid by the other side to enable you to receive physiotherapy or other rehabilitative treatment if your symptoms are greatly effecting your day-to-day life. Subsequent to the interim payment, compensation for your personal injury will be paid at a later date.

Will my details be kept confidential?

All your personal information will be kept completely confidential. We will only provide your personal details to individuals or companies that assist us with gathering the necessary evidence to pursue your claim. The agreements we have with these third parties ensure that our duty of confidentiality is maintained. If you are not happy for us to provide your personal details, we would ask you to contact us to advise us of the same.

In some cases, the medical experts that meet with you to prepare a medical report may require sight of your complete medical history. This is to ensure that any symptoms you are suffering are not attributable to any pre-existing conditions or illnesses.

In these cases, we will ask you to complete a mandate for release of your records. The mandates are then sent to your GP or the hospital where you received treatment, and they will then provide copies of your records directly to the medical expert that we’ve instructed.

We appreciate that there are occasions where details within medical records maybe of a particularly private nature, and that you may not be happy that these details are to be seen by a total stranger. We can however reassure you that the contents of your records are kept entirely confidential, and any irrelevant entries are not included within the final medical report.

How does a no win, no fee claim work?

A no win, no fee claim, also known as a Conditional Fee Agreement (CFA), allows you to pursue a legal case without upfront costs. If your claim is successful, your solicitor will recover their fees for legal advice and assistance from the compensation awarded, often capped to ensure fairness. If your claim is unsuccessful, you typically won’t pay any legal fees, as the solicitor’s costs are written off. This arrangement makes legal representation accessible by reducing financial risk to the claimant.

Contact Beacon Law to discuss the personal injury claims process

If you have any questions regarding the personal injury claims process, speak to us today.

If you have been injured in an accident that wasn’t your fault, contact Beacon Law today. We are a specialist firm of personal injury solicitors with a wealth of experience in dealing with a range of compensation claims.