How do I make a Personal Injury Claim?
Firstly, you’re probably thinking, “What is a Personal Injury?” A Personal Injury is an Injury that you have sustained to either your body, mind or emotions from the negligence of a Third Party. These injuries could have been sustained at.
- Your place of employment.
- A Road Traffic Accident.
- Medical Negligence.
- On holiday.
- Slip, trip or fall out in Public Places.
The first protocol of action is to instruct a Solicitor. Here at CKE Attorneys, we have Award-Winning Solicitors who specialise in Personal Injury Matters. It is always key to ensure you instruct a well experienced and knowledgeable solicitor, so they will be able to get the best of the best outcome for you.
Once you have instructed a Solicitor, you will have a consultation. This is where the Solicitor will go through thoroughly every detail of your accident with you.
It is at this point, when typically, the Claimant, will ask how much compensation they are entitled to for the injuries sustained. Every case is different and the level of compensation that can be recovered will depend upon the nature of the injury, the effect of the injuries and the losses and expenses that arise as a consequence. It is key to remember that pre-existing medical conditions may also have an impact on the claim whilst there may be more than one potential cause for a particular condition. Expert medical evidence will often be required to address these issues.
After taking the accident details down, the Solicitor will then submit the claim on your behalf and in effect ‘get the ball rolling’. Correspondence and all contact to the Defendant and Corresponding Parties is all dealt with by your Solicitor.
If you are considering taking legal action on a Personal Injury matter, it is KEY to remember that Personal Injury matters have Time Limits. These apply to ALL claims for Personal Injury Compensation. In England and Wales, court proceedings must be issued within 3 years from the date of the accident or the development of the injury. A number of exceptions do apply in certain circumstances and in a limited number of cases it may be possible to persuade the court to set aside the 3 year time limit.
Children Personal Injury Cases have until the date of the accident until they turn 18 years of age.
In some cases, Court action may be enacted within this time frame. So, it is advisable that you make the claim as soon as possible to give your Solicitor more time to build the best possible case for you.
In terms of the financial side of making a claim, a no-win no-fee agreement (also known as a Conditional Fee Agreement) means that you will not pay any fee unless your case is successful. You will normally pay the solicitor a percentage of your compensation claim and potentially any court costs. However, you will negotiate this with your solicitor, and it is then set out in your No-Win No-Fee Agreement.
To begin a Personal Injury Compensation Claim or obtain further advice with no obligation, you can contact us on 7380 813659
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