Personal Accident Claims Demystified: A Step-by-Step Guide to Securing Compensation

If you've suffered an injury in an accident that wasn’t your fault, you may be entitled to compensation. Personal accident claims are a way for people to seek financial compensation for the harm that was caused by an accident, whether it's a car crash, a slip, a fall, or an injury in the workplace. However, the process can often feel very overwhelming and complex. Our guide is designed to demystify personal accident claims and provide you with a step-by-step breakdown of how to successfully pursue an accident injury claim. To learn more and feel confident in your claim, keep on reading.

What is a Personal Accident Claim?

A personal accident claim is a legal process through which an individual would seek compensation for injuries that were due to an accident caused by someone else’s negligence. Personal injury law covers a wide range of accidents, from road traffic incidents and workplace accidents to slips, trips, and falls in public places. In the UK, if you can prove that your injury was caused by another party’s fault, you may be able to claim compensation for your injury.

Personal accident solicitors, also known as injury claim solicitors, specialise in helping clients secure compensation following an accident. They guide you through the process, ensuring that your rights are protected and that you receive the compensation you're entitled to.

The Steps Towards Making A Compensation Claim

In order to feel confident in your claim, it’s important to understand the steps taken in the process. We’ve outlined these steps below, so that you know what to expect from the process.

Step 1 - Understand If You Are Eligible to Claim

Before you begin the process of making an accident injury claim, it's important to understand whether you are eligible. The eligibility for compensation generally depends on the following factors:

●     Fault or negligence - The injury must have been caused by someone else’s fault or negligence. This could be another driver’s recklessness on the road, a faulty product, or the lack of proper safety measures at work.

●     Injury severity - The injury must be significant enough to warrant compensation. Minor injuries might not lead to compensation, while more serious injuries that impact your day-to-day life often result in higher payouts.

●     Time limits - In the UK, you generally have three years from the date of the accident to make a personal injury claim. However, there are exceptions, such as for children or those who were unaware of the injury at the time.

Step 2 - Gathering Evidence to Support Your Claim

Once you confirm your eligibility to make a personal accident claim, it’s crucial to gather as much evidence as possible. This evidence will form the foundation of your case and help injury claim solicitors maximise your chances of securing compensation.

Here’s a checklist of evidence you may need to collect:

Medical records - Documentation of your injuries from a healthcare professional is vital. This includes hospital records, prescriptions, doctor’s notes, and any diagnostic reports.

Witness statements - If anyone witnessed the accident, their statement could be crucial, providing third-party confirmation of the events and strengthening your case.

Photographic evidence - Take photos of your injuries, the scene of the accident, and any damages to property. These images will be your evidence to support your case.

Police or accident reports - If the police were involved, their reports can help support your claim. In some cases, a police report is mandatory (for instance, in road traffic accidents).

Step 3 - Finding the Right Injury Claim Solicitors

Once you have your evidence in order, the next step is to consult with personal accident solicitors. A skilled solicitor who specialises in personal injury law can guide you through the legal process and offer valuable advice. Here’s how to find the right solicitor for your case:

●     Specialisation - Look for solicitors who specialise in personal injury law and accident injury claims. They will have the industry experience and expertise needed to handle your case with professionalism.

●     Reputation - Make sure you check for testimonials, reviews, and success stories from previous clients. A reputable solicitor will have a proven track record of successful claims and wins, giving you peace of mind and reassurance.

●     No Win, No Fee - Many personal injury solicitors will work on a no win, no fee basis, meaning you won’t have to pay legal fees unless you win your claim. This makes seeking legal advice more accessible to everyone.

●     Initial consultation - Most solicitors offer a free initial consultation, where they will assess the details of your case and provide advice on the likely success of your claim.

Step 4: Making the Claim

Once you’ve chosen an injury claim solicitor, you can start the process of making your personal accident claim. Your solicitor will handle most of the process, but here’s what you can expect:

●     Initial assessment - Your solicitor will review the evidence, confirm your eligibility, and discuss the details of your case with you. They may also recommend additional medical examinations if needed.

●     Claim submission - Your solicitor will submit the claim to the relevant party (for example, the at-fault driver’s insurance company or your employer's liability insurer).

●     Negotiations - Once the claim has been made, the insurer may offer an initial settlement. In many cases, the insurer will offer a low amount to settle quickly. However, your solicitor will negotiate on your behalf to secure the highest possible compensation.

●     Court proceedings (if necessary) - If the insurer refuses to offer a fair settlement, your solicitor may suggest that you take the case to court. Although most claims are settled out of court, your solicitor will guide you through the court process if it comes to that.

Step 5: Receiving Compensation

Once the case is settled, either through negotiation or court proceedings, you will receive compensation for your injuries. The compensation can cover a variety of expenses, including:

●     Medical costs - This can include hospital fees, physiotherapy, prescriptions, and any other healthcare-related expenses incurred due to the injury.

●     Lost earnings - If your injury has caused you to miss work, you may be entitled to compensation for lost wages.

●     Pain and suffering - Compensation can also be awarded for the physical and emotional pain caused by the injury.

●     Future care - If your injury requires long-term care or adjustments to your lifestyle, your solicitor will include this in your claim for future compensation.

Step 6: Understanding the Costs Involved

Personal accident claims can sometimes be expensive, especially if they do involve going to court, or lengthy legal processes. However, many solicitors offer a no win, no fee arrangement, which means you won’t have to pay legal fees if your claim is unsuccessful. If your claim is successful, your solicitor will typically take a percentage of the compensation as their fee.

Before you sign any agreement, make sure to read and discuss your solicitor’s fees in detail, so that you understand in which instance you'll have to pay. This will help you avoid unexpected costs and ensure that you understand the financial aspects of the process.

Step 7: The Benefits of Professional Support

While it’s possible to make a personal accident claim without a solicitor, having a professional injury claim solicitor on your side significantly increases your chances of success. Here's why:

●     Expert advice - Solicitors can give valuable guidance throughout the process, ensuring that you understand your rights and the best course of action.

●     Maximise compensation - Injury claim solicitors know how to maximise the amount of compensation you receive. They understand how to assess the true cost of your injury, including long-term impacts.

Duffield Harrison: Personal Accident Solicitors

Making a personal accident claim can be an intimidating process, but with the right support, you can navigate it successfully. By understanding your eligibility, gathering evidence, choosing the right solicitor, and following the steps outlined above, you increase your chances of securing compensation for your injury. Remember that injury claim solicitors are there to guide you every step of the way, ensuring that your rights are protected and that you receive the compensation you deserve.

If you’ve been injured in an accident that wasn’t your fault, don’t hesitate to contact

 one of our trusted personal injury solicitors to discuss your options here at Duffield Harrison.