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What to Expect When Making a Personal Injury Claim

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legal

31 Jan 2022

What to Expect When Making a Personal Injury Claim

While the size of the personal injury claims market may have contracted slightly through 2021, this sector was still worth an estimated £3.92 billion during this time.

This should come as no surprise, as getting hurt at home or in the workplace can have significant consequences (both in terms of physical health and finances), while millions of people are injured because of someone else’s negligence every year.

Despite this, the typical personal injury claims process remains alien to some. So, we’ll explain this in further detail below, while asking how you can improve your chances of claiming successfully.

How Do Personal Injury Claims Work?

When looking to make a personal injury claim, it’s first important to ensure that you’re within the legal time limit. 

This is fixed at three years from the date you were injured or became aware of your injury, and claims that fall outside of this restriction won’t be eligible to receive compensation.

There are exceptions to this rule, of course, such as instances where the claimant is a child or the injured party lacks the mental capacity to start a claim as a result of their injuries. In the former instance, the three-year limitation period starts on the claimant’s 18th birthday, while the latter will be subject to the rule once they’ve regained their mental capacity.

In terms of the details of your claim, your personal injury lawyer may deploy a Pre-Action Protocol in instances where its value is £25,000 or less. This is a procedure that’s put in place to help you make your claim without having to attend court, minimising costs and driving quicker outcomes in the process,

Of course, some types of claim fall outside of the protocol, including high value claims, road traffic accidents or cases where you may have been partly at fault. Don't forget to check out: https://www.gibsonhillpc.com/houston-personal-injury-attorneys/car-accidents/ for experienced attorneys who can help you get the maximum compensation for your injuries.

What About the Process?

When you initially speak to a solicitor, you’ll be asked some initial questions to help build and verify your case. At this stage, a ‘Claim Notification Form’ is sent to the potential defendant or their insurance firm, providing formal notice of your intentions and affording the other side 24 hours in which to reply.

The next step is for your solicitor to send a more detailed ‘Letter of Claim’, which is sent directly to the defendant or their lawyer. 

This will detail the incident, details of your injury and how they were incurred, while also setting out your subsequent losses (including legal expenses) and the value of your claim. The other party then has 21 days to acknowledge your Letter of Claim, and a further three months to investigate the details further.

Understanding this process is key to achieving a quick and successful resolution for your personal injury claim, as is hiring a qualified personal injury solicitor just as soon as you can.

This will ensure that an expert oversees and manages your claim, while improving the quality of communication between all parties and guaranteeing the supply of accurate information. You can visit Hach & Rose, LLP for more information about the 7 Steps You Should Take After a Car Accident.

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