Personal injury cases are legal disputes that arise when an individual suffers harm from an accident or injury, and someone else might be legally responsible for that harm. These cases can involve a wide range of incidents, including road traffic accidents, slips and falls, medical malpractice, and product liability.

Understanding the steps involved in a personal injury case is crucial for anyone seeking to pursue such a claim, as it helps navigate the often-complex legal process and enhances the chances of securing fair compensation.

If you have been left wondering, ‘what are the steps in a personal injury case?’, our expert team can provide the information required to ensure that you receive the best possible outcome for your case. Our solicitors can assist you in claiming the compensation you are entitled to if you have been involved in an accident and someone else is responsible for your injuries.

What are the steps in a personal injury case?

In the UK, personal injury cases follow a structured process designed to ensure that claims are handled efficiently and fairly. The steps in a typical personal injury case in the UK include:

Initial consultation:

• The injured party meets with a solicitor to discuss the details of the incident and assess whether they have a valid claim.
• The solicitor will explain the claims process, likely outcomes, and funding options, such as a “no win, no fee” basis.

Pre-Action protocol:

• The solicitor sends a Letter of Claim to the defendant, detailing the nature of the injury, how it occurred, and the basis for holding the defendant liable.
• The defendant typically has 21 days to acknowledge the letter and three months to investigate and respond.

Investigation:

• Both parties gather evidence to support their case. This may include medical records and accident reports, witness statements, and any relevant documents.
• The solicitor may arrange for an independent medical assessment to determine the extent of the injuries.

Negotiation and settlement:

• The parties may enter into negotiations to settle the claim without going to court.
• If the defendant admits liability, they may offer a settlement amount. The solicitor will advise the client on whether to accept the offer or negotiate further.

Issuing court proceedings:

• If a settlement cannot be reached or liability is denied, the solicitor will file a Claim Form with the court, officially starting the litigation process.
• The defendant has 14 days to acknowledge the claim and 28 days to file a defence.

Discovery (disclosure):

• Both parties exchange relevant documents and evidence that will be used in the case.
• This phase ensures that both sides have access to the same information, promoting fairness in the proceedings.

Pre-Trial motions and hearings:

• The court may hold preliminary hearings to address any legal issues or procedural matters before the trial.
• Both parties may file motions, such as requests for summary judgment or to exclude certain evidence.

Trial:

• If the case proceeds to trial, both parties present their evidence and arguments before a judge in a court hearing.
• Witnesses, including expert witnesses, may be called to testify.
• The judge will then make a decision on liability and the amount of compensation, if any.

Judgment and compensation:

• If the judge rules in favour of the claimant, they will award compensation for damages, including medical expenses, lost earnings, and pain and suffering.
• The defendant is legally obligated to pay the awarded amount, either in a lump sum or through a structured settlement.

Understanding these steps can help individuals navigate the complexities of a personal injury case in the UK, ensuring they are well-prepared to seek the compensation they deserve.

How much compensation could you receive?

Determining the amount of compensation for a personal injury claim is a complex process and depends on various factors specific to the case. Injury compensation amounts are influenced by factors such as the severity of the injury, the impact on the individual’s life and earning capacity, medical expenses, rehabilitation costs, and the long-term consequences of the injury.

Compensation is typically split into the following categories:

• General Damages: These damages aim to compensate for the pain, suffering, and the effect on the victim’s day to day life caused by the injury. The severity and long-term effects of the injury are significant factors in determining the general damages awarded.
• Special Damages: Special damages cover the quantifiable financial losses incurred due to the injury. This includes medical expenses, rehabilitation costs, lost income (both past and future), expenses related to care and support, and any necessary adaptations to the individual’s living arrangements.

It is important to note that there is no fixed compensation award for a personal injury compensation claim, as each case is unique. The final compensation amount will be influenced by the specific circumstances and the evidence presented in the case. Our injury claims solicitors will also advocate for interim payments for our clients to cover any immediate costs, such as private medical treatment and travel expenses.

What are the time limits for making a claim?

In the UK, there are specific time limits, known as limitation periods, for making a personal injury compensation claim. The general time limit for personal injury claims is three years from the date of the accident or from the date when the injured person became aware of their injury and its connection to the accident.

However, it is important to note that there are some exceptions and variations to the general limitation period. These exceptions include the following:

• Minors: If the injury claim involves a person who was under the age of 18 at the time when the accident occurred, the three-year limitation period does not begin until their 18th birthday. In such cases, a claim can be made at any time before the person turns 21.
• Mental Capacity: If the injured person lacks the mental capacity to make legal decisions, there is no time limit for making a claim. The limitation period only starts when the person regains capacity.

How can Beacon Law assist?

At Beacon Law, our team of personal injury lawyers are highly experienced and capable of assisting clients on a wide variety of cases. We work tirelessly to achieve the best outcome for our clients, continually providing a high standard of service.

To find out more about our no win, no fee claims funding and legal fees, please have a look at the funding section on our website.

If you have been left wondering, ‘what are the steps in a personal injury case?’, then please call us today at 0330 1332 857 or complete our contact form at the top of the page to request a call back from a member of our personal injury team.

Beacon Law are a law firm registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority