Personal Injury Claims: The Facts

  • Law
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  • February 16, 2016

Personal Injury Claims: The Facts

Annually over three million people are injured, either at home, at work, in their cars or somewhere else unexpected. In circumstances where the injured is not at fault, compensation claims can be brought. There are many claims companies who assist people in these matters with their specialist knowledge and years of expertise in the field. The amount a person is entitled to however vary depending on several factors.

The first step in pursuing a compensation claim would be to contact a solicitor, who will fight on the injured party’s behalf. The client would need to provide the legal representative with information in regards to the date of the accident, how it occurred and where. Witness details may also be required in order to make the case stronger along with the details of the injury and medical treatment as this is the crucial factor. If the injured is a member of a trade union, they may be entitled to a free or reduced cost legal representation.

Once the solicitor has the details of the accident, they will be able to provide the client with information as to how likely the case will succeed and if so around how much compensation will be paid out. The next steps of the proceedings will then be explained and any further questions answered.

The solicitor will then contact the defendant stating the facts of the case given by his or her clients. The defendant will usually have 3 months to reply to the letter as to whether they deny or accept liability. If there is a positive outcome with acceptance of the liability, the solicitor may arrange an out of court settlement. During the settlement, the solicitor will advise the injured party as to how much they think the party is entitled to.

The client can also make an ‘offer to settle’ also known as a ‘Part 36’ offer. The defendant may also make an offer. If the parties come to an agreement, the matter will end here, if not the case will need to be taken before the courts.
If the matter it is taken to court, the judges have discretion on the case. Although the legal facts of the case will be presented, it is up to the judge as to when the case will be, whether a compensation claim can be established, and if so how much.

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