There’s been a great deal said and written about personal injury claims and compensation over the past few years, and while it’s true that there are many circumstances that might give rise to a legitimate claim for injury following an accident that is not your fault, it’s as well to know the facts before you instigate proceedings.
As experienced personal injury lawyers we have a duty to our clients to advise them when we believe there is a case to pursue, and also to advise them when there isn’t.
So when someone comes to us asking us to pursue a claim for personal injury, we have to begin by establishing some basic facts:
- Was the client injured through no fault of their own? If he or she was, then it might be possible to proceed.
- Was the accident less than three years ago? If more than three years have elapsed, then it’s too late to take action. If the accident was less than three years ago, then it might be possible to proceed.
- What kind of injury has been suffered? People may believe they can make a claim for an accident even when no injury has been sustained. This is not the case. There has to be a proven injury as a direct result of the accident for a claim to go ahead with any reasonable chance of success.
- Who is at fault? In other words: who is to blame, through their actions or their inaction (failing to maintain a safety rail for example) for the accident? If the fault lies with another person then there is cause to pursue the claim. In cases where there is no fault, but an injury has been sustained – you are injured by a branch blown from a tree by a sudden, strong wind; the tree has been well-kept -There is little doubt that this is an accident in which no-one is at fault, so there would be little point in pursuing the case. If the fault lies with the injured party, then there would be no cause to pursue a claim.
Once we, or indeed any solicitor or advocate, has established that there are grounds for making a claim, then matters can be taken to the next stage, which in the normal course of events would be to issue a Letter of Claim. After receiving this, the defendant has 21 days to acknowledge receipt of the letter, then another 3 months to do their own investigative work.
It’s quite possible that the defendant will accept responsibility, and then it’s down to establishing what compensation is fair.
If the defendant denies responsibility they will have to provide a reason or reasons for doing so, and will have to back this up with appropriate documentation.
At this point, we will be able to advise the claimant whether we think the case is worth pursuing further, or whether the defendant has proven that they are not at fault, in which case we will generally advise that the case be dropped.
Of course, every case is different, and must be treated as such. However, this is the route we, and I’m sure most other solicitors who deal in personal injury claims, would take to make sure of a fair outcome.
We are offering a full range of Personal Injury Claims services including:
- Road Traffic Accident Claims.
- Accidents on the Highway Claims.
- Criminal Injuries Claims.
- Trips and Slips Claims.
- Employer’s Liability Claims.
- Vicarious Liability Claims.
- Psychiatric and Occupational Stress Claims.
- Occupiers’ Liability Claims.
- Clinical Negligence Claims.
Unfortunately, Legal Aid is no more available for the full range of the Personal Injury Claims and we are aware of the difficulties clients are facing in arranging the financial resources for Personal Injury Claims. Keeping in view the financial difficulties of clients, we have tailored very reasonable and affordable costs structure for our Personal Injury Claim clients. If you would like to discuss any matter related to Personal Injury Claims, please contact us through phone +44(121)794 2000 or alternatively make an Online inquiry and we will respond at the earliest opportunity. We are very flexible in arranging appointments and offer highly friendly and personalized service with very competitive costs.