Navigating Personal Injury Claims: Your Questions Answered

When clients first approach us, they often feel a mix of anxiety, fear, and uncertainty about their future. Concerns are natural, and we aim to provide reassurance and clarity during these challenging times. To help you better understand the process, we’ve compiled answers to some frequently asked questions about personal injury claims. Please feel free to contact us if you have any further questions.

What should I do immediately after an accident to support my personal injury claim?

Immediately after an accident, ensure your safety and seek medical attention for injuries. If possible, gather evidence at the scene. This includes taking photos of the accident site, your injuries, and any damage. Collect contact information from witnesses and obtain a copy of any incident report if the accident occurred in a public or workplace setting. It’s also important to keep a detailed record of any expenses related to the accident, such as medical bills, travel costs for treatment, and any loss of earnings. Contact a personal injury solicitor, such as NV Legal, as soon as possible to discuss your case and receive guidance on the next steps.

For more information, read 10 Things You Must Do After an Accident at Work

Can I claim for psychological injuries or emotional distress caused by the accident?

Yes, you can claim for psychological injuries or emotional distress caused by an accident. These types of injuries can include conditions such as post-traumatic stress disorder (PTSD), anxiety, depression, or other emotional impacts. To support such a claim, seeking professional medical diagnosis and treatment is essential. Your solicitor will help you gather the necessary medical evidence and expert testimonies to establish the psychological impact of the accident and ensure it is adequately addressed in your compensation claim.

What happens if the other party disputes liability for the accident?

If the other party disputes liability, we will thoroughly investigate the circumstances of the accident. This may involve collecting additional evidence, such as CCTV footage, witness statements, and expert reports. We will build a solid case to demonstrate the other party’s negligence or fault. If liability remains contested, the case may proceed to court, where a judge will decide based on the evidence presented. However, many disputed cases are settled through negotiation or alternative dispute resolution methods before reaching court. The majority of our cases are settled before reaching court.

How do I know if my injury is severe enough to make a claim?

Any injury resulting from an accident that was not your fault may be grounds for a claim, regardless of its perceived severity. Even minor injuries can result in significant medical expenses, lost income, and other related costs. It’s essential to seek legal advice to understand the potential value of your claim. We will evaluate the medical evidence, the impact of the injury on your daily life, and any financial losses incurred and provide a realistic assessment of your claim’s viability and potential compensation. Remember, even seemingly minor injuries can have long-term effects, so it’s worth exploring your legal options.

What is the process for making a personal injury claim?

Making a personal injury claim typically begins with an initial consultation to discuss the details of your accident and injuries. If we believe you have a valid claim, we will gather evidence, such as medical reports, witness statements, and other relevant documentation. A letter of claim will be sent to the party responsible for your injury, outlining the details of your claim. The defendant then has a set period to respond. If they accept liability, medical evidence is obtained and negotiations for a settlement will begin. Further investigation and possibly court proceedings may be necessary if liability is denied. We will guide you throughout the process and inform you of the progress.

Can I claim for lost earnings if I have to take time off work due to my injury?

Yes, you can claim for lost earnings if you have to take time off work due to your injury. This includes any wages or salary you have lost because you were unable to work and any future earnings you might lose if your injury affects your ability to work long-term. To support this claim, you must provide evidence such as pay slips, employment contracts, and medical records showing the extent of your injury and how it impacts your ability to work. We will help you gather the necessary documentation and calculate the total amount of lost earnings to include in your claim. You may also have a claim for pension loss which we will investigate.

Are there any time limits for making a personal injury claim?

Yes, there are time limits for making a personal injury claim. In England, Wales and Northern Ireland, the general rule is to start a claim three years from the accident date or the date you became aware of your injury if you have a clinical negligence claim or asbestos related claim for example. Some exceptions exist, such as if the injured person is under 18 or lacks mental capacity. For minors, the three-year period begins on their 18th birthday. It is vital to seek legal advice as soon as possible to ensure your claim is filed within the relevant time limits.

What are my options if the insurance company offers a settlement that seems too low?

If the insurance company offers a settlement that seems too low, you are not obliged to accept it. We will negotiate on your behalf to seek a fair and reasonable settlement that adequately compensates you for your injuries and losses—using evidence to justify a higher amount. If negotiations fail to result in an acceptable offer, you may proceed to court, where a judge will determine the appropriate compensation based on the evidence presented. We will guide you through the negotiation process and advise you.

Is it expensive to hire a solicitor to represent me?

We operate on a no-win, no-fee basis. If your case isn’t successful, you won’t owe us any fees. If we win your case, our maximum fee deduction is 25% of the damages related to unrecovered costs. This fee only applies to the compensation for your injury and past losses, not future losses or treatment. We also recommend taking out After the Event (ATE) insurance to cover the legal costs and expenses involved in litigation, protecting you against adverse costs and other expenses if your case is unsuccessful.

How much compensation could I receive?

Compensation amounts depend on the severity of your injury. We use a personal injury calculator based on the latest Judicial College Guidelines. This shows the maximum amount of compensation you could receive for different injuries. You can use this tool to get an estimate by clicking on the relevant body parts. Find it HERE.

If I file a claim against my employer, will I lose my job?

There are laws in place to protect you. Your employer cannot dismiss or unfairly treat you for claiming compensation. Additionally, most employers have insurance to cover such incidents, ensuring they are financially protected. If you face unjust treatment, you may be entitled to additional compensation for unfair dismissal or other related claims, and we can connect you with a qualified employment law solicitor.

NV Legal Ltd

At NV Legal, we’re here to guide you through every step of your personal injury claim, ensuring you receive the support and compensation you deserve. If you have more questions or need personalised assistance, please get in touch with us.

Contact us for a FREE, no-obligation consultation. A solicitor with extensive experience will assist with your query.

Call – 03330 112 732

Email – info@nvlegal.co.uk

Website – nvlegal.co.uk

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