Personal Injury FAQs

Read our frequently asked questions about personal injury claims

//Personal Injury FAQs
Personal Injury FAQs 2019-12-09T18:26:18+00:00

What is a personal injury claim?

A personal injury claim is a form of legal action in which you seek compensation for injuries (and other kinds of harm) you have suffered in an accident. Personal injury claims are made against the people you believe to be legally responsible for your injuries. However, they will often be paid and ‘defended’ by any insurance companies involved.

How do I make a claim for personal injury?

The first step to making a personal injury claim should be to obtain legal advice from a specialist personal injury solicitor. A solicitor with knowledge and experience of personal injury claims will be able to advise you on whether you have good grounds to make a personal injury claim.

How long do I have to make a claim for personal injury?

There are legal time limits on all personal injury claims. If you miss the deadline, you may be unable to make your personal injury claim. In England and Wales, you must usually settle your claim within three years of the date on which you sustained your injury. Alternatively, you can start court proceedings within this time limit to protect your right to claim. There are some exceptions to these rules, so you should always discuss this with a specialist personal injury solicitor when considering a claim.

I slipped and fell at work – what should I do?

The most important thing, when you have slipped and fallen at work, is to focus on your well-being. Consider your injuries, ask for help or first aid if needed, and ask a colleague to call an ambulance if you have suffered more serious injuries. Any kind of personal injury claim should only ever be a secondary consideration.

What makes a good personal injury lawyer?

Good personal injury lawyers will have extensive experience of personal injury claims, comprehensive knowledge of personal injury law, and will be able to devote time and understanding to your claim. If your lawyer lacks one or more of these things, they may not be best-placed to handle your claim.

Can I switch personal injury lawyers?

Even if you have already started a personal injury claim with a law firm, you are completely within your rights to switch your claim to a different firm of solicitors. It is your choice who you instruct to handle your personal injury claim, and if you are not receiving the service and legal support you deserve, you should seriously consider changing your lawyers to a better firm.

Can I represent myself in a personal injury case?

You can represent yourself in a personal injury claim – there is no legal requirement to instruct a solicitor. However, there are many challenges to doing so. A personal injury claim is a lot to take on yourself, especially if you are still suffering from your injuries. The party you are claiming from may also try to take advantage of your situation. For example, an insurance company, with its huge financial resources, could work to prolong your claim, in the hope that you will settle too soon or abandon your claim altogether.

How many personal injury cases go to court?

Only a very small proportion of personal injury claims ever go to trial. Even when court proceedings begin in a claim, it does not mean that the case will automatically go to a court hearing. By Truth Legal’s estimates, only about 1% of our personal injury cases are concluded with a trial.

What is the average personal injury settlement?

This is a very open question as personal injury compensation is valued using lots of different pieces of information. If you are trying to find out how your injury may be valued, it may be more helpful to look up compensation awards for similar injuries. For more information on this, have a look at our ebook: ‘The Ultimate Personal Injury Compensation Guide’.

Do you offer No Win, No Fee personal injury claims?

Truth Legal always aims to conduct personal injury claims on a No Win, No Fee basis wherever possible. This minimises any financial risks from bringing a personal injury claim. You can read more about No Win, No Fee agreements here.

I lost my personal injury case – what should I do?

If you have lost your personal injury claim, you will not receive any compensation for your injuries, or for any other losses you may have incurred due to the accident. Personal injury claims can fail for a variety of different reasons. However, if your claim failed because of something your solicitor did or did not do – to the extent that their conduct fell below required professional standards – you may be able to bring a professional negligence claim against them.

How long does a personal injury claim take?

Many prospective claimants want to know the time it will take to conclude a personal injury claim. Unfortunately, it is difficult to give a meaningful idea. Many things can affect a case’s duration: such as recovery times, the time needed to gather the required evidence, and how quickly other parties respond. A personal injury claim can take anywhere from several months to several years – although cases at the upper end of this are normally those involving very severe injuries.

Do you offer free personal injury advice?

Truth Legal does offer free initial consultation sessions. We understand that you may want to discuss your situation before deciding whether to make a personal injury claim. These consultation sessions provide you with this opportunity without any cost or obligation to proceed further. If you would like to book a free initial consultation, please contact us.

What are the most common personal injury cases?

Road traffic accidents are the most common kind of accident which gives rise to a personal injury claim. However, accidents in public places (such as slips, trips and falls) and accidents at work are also very common.

When can I settle my personal injury case?

If you have received a compensation offer to settle your claim, you are entitled to accept it if you wish. It is also possible to instruct your solicitors to make offers of settlement to try and bring a claim to a close. However, settling a claim is usually not recommended if you are still suffering from your injuries. It is important to ensure that any compensation offers take into account the full extent of your injuries and losses. This is because, once a personal injury claim has been settled, you cannot claim more compensation for that injury or its consequences at a later date. More information on this can be found in our blog post: ‘When should I settle my personal injury claim?’

How long does compensation take to come through?

Payment of compensation often depends on how long it takes for your personal injury claim to be concluded. Compensation is usually paid at the end of a claim. Sometimes, however, the party you are claiming from may agree to advance small amounts of compensation to you whilst your claim is ongoing. These are called interim payments.

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