Personal injury claim settlement process: Step by step

What is a personal injury claim?

A personal injury claim is the formal process of recovering compensation for an injury that you sustained due to the negligence of someone else. A personal injury claim is designed to help put you back in the same financial position as if the personal injury never occurred. Personal injury claims cover a wide range of scenarios, including workplace accidents, road traffic accidents, sports injuries, accidents in supermarkets, shops, and restaurants, in public places, medical accidents, and injuries caused due to an assault. By working with an experienced solicitor, such as Grayson’s team of solicitors in Sheffield and Chesterfield, you can make a personal injury claim on a no win no fee basis, giving you peace of mind that you will not have to pay any legal fees if your claim isn’t successful. 

What are the stages of making a personal injury claim?

There are several stages to making a personal injury claim. Here are the basic steps in a personal injury claim settlement process that our solicitors in Sheffield and Chesterfield will follow:

• Personal injury solicitor appointed
• Fact-finding, including establishing who is responsible for your injuries and who to make the personal injury claim against
• Evidence gathering, including obtaining witness statements, documents and police and accident reports. If possible, a personal injury solicitor will also be able to get CCTV footage or send a specialist to assess the accident scene and provide their expert opinion.
• Full assessment of your injuries and obtaining medical records. A personal injury solicitor will also request a medical report or assessments of your injuries.
• Assess the amount of compensation you deserve. This will be based on several factors, including the extent of your injuries, pain and suffering, the impact the personal injury has had on your day-to-day life, the cost of any medical treatments, including in the future, travel costs relating to the injury, lost income, and future losses, as well as the cost of specialist equipment.
• Work to reach a satisfactory settlement with the other party you are claiming against
• If an agreement can’t be reached, a personal injury solicitor will take your claim to court and trial if necessary.

How long does the personal injury claim settlement process take?

It is impossible to state precisely how long the personal injury claim settlement process takes, as every claim is unique. Straightforward cases may take just a few months. However, more complex cases, especially ones that end up in the courts, may take several years. In most instances, if liability is accepted and the injuries are not too serious, the personal injury claim settlement process typically takes no more than a year. Working with an experienced personal injury solicitor, such as Graysons’ solicitors in Sheffield and Chesterfield, can help ensure your personal injury claim moves as quickly as the process allows.

How long does it take to receive an offer of compensation for a personal injury claim?

Again, it’s hard to estimate how long it will take to receive an offer of compensation for a personal injury claim as no two claims are the same. In straightforward cases, an offer of compensation may be agreed upon in less than a year.  However, in more complex cases, especially if the person or organisation you are claiming against argues that they were not negligent, it could take several years to achieve an offer of compensation.

How much will I get if my personal injury claim is successful?

The amount of compensation you will receive if your personal injury claim is successful depends on the extent of your injuries, the impact the injuries have had on your day-to-day life, as well the financial losses, both in the past and in the future.

How are personal injury claims settlements calculated?

Personal injury claim settlements will be based on the severity of your injuries and your pain and suffering, as well as the financial consequences the injuries have had. Compensation will be broken down into two areas: general damages and special damages. General damages are designed to cover the actual injury, while special damages are designed to cover the financial losses that result from the injury. This may include, for example, loss of earnings, travel expenses, and the cost of medical treatments. A personal injury solicitor, such as Graysons’ Sheffield and Chesterfield solicitors, will be able to advise how much compensation you are likely to get.

Will my personal injury claim go to court?

Most personal injury claims are settled out of court. If the person you are claiming against refuses to admit liability, then your personal injury claim may go to court. Your personal injury solicitor will be able to represent you in court.

What happens if someone makes a personal injury claim against me?

If someone makes a personal injury claim against you, your first course of action should be to contact your insurer– such as in the case of a road traffic accident. If your insurer does not deal with the claim, you should also contact an experienced personal injury solicitor, such as Graysons’ team of solicitors in Sheffield and Chesterfield, who will be able to act on your behalf.

Is there a time limit for making a personal injury claim?

Yes, there is a time limit for making a personal injury claim. You must make a personal injury claim within three years of the accident date or within three years from the time you became aware that you had suffered an injury. This time limit is extended for children under 18 or persons lacking mental capacity. If you want to make a personal injury claim, you should do so as soon as you are injured or become aware of the injury. Contact our team of Sheffield and Chesterfield solicitors today and let us help successfully guide you through the personal injury claim settlement process on a no win no fee basis.

Should I make a personal injury claim with or without a solicitor?

While there is no legal requirement to use a solicitor when making a personal injury claim, the best advice is to seek the help of an experienced solicitor, especially if you want to secure the very best outcome. Personal injury claims are complex and time-consuming and can also be very stressful. Here are some of the reasons for using a professional personal injury solicitor when making a personal injury claim:

• A solicitor will be able to offer expert guidance and keep you appraised of your legal rights throughout the personal injury claim settlement process
• A personal injury solicitor will be able to obtain all necessary documents, including witness statements and medical reports
• A solicitor will be able to advise on how much compensation you are entitled to and work on your behalf to secure you the very best outcome
• A personal injury solicitor will be able to identify the right person or company to claim against. Normally, the solicitor will deal with the insurers for the other party.
• An experienced personal injury solicitor, such as Graysons’ team of Chesterfield and Sheffield solicitors, will be able to commence court proceedings if necessary and represent you in court
• A solicitor acts as a friendly helping hand during a difficult time, offering their full support. When you work with a professional personal injuries solicitor, you have peace of mind that you have an expert fighting your corner.

How can Graysons’ personal injury solicitors in Chesterfield and Sheffield help me with my personal injury claim?

Our personal injury team is recommended in the Legal 500 and can expertly help you through the personal injury claim settlement process, ensuring you the very best outcome. We have helped thousands of people with their personal injury claims on a no win no fee basis. If you have suffered a personal injury that was not your fault, then contact our personal injury solicitors in Chesterfield and Sheffield today.