17 Aug 2015

How Does the Personal Injury Claims Process Work?

If you’re thinking of making a personal injury claim following a non-fault accident, you might be wondering how it all works. Solicitor Stephanie Doughty talks us briefly through the claims process.

“If you decide to contact us following an accident, you will initially speak to our dedicated First Response Team. Once we’ve taken down the details of your accident, we will formally submit the claim to the other party’s insurance company. If you require a hire vehicle, repairs to your vehicle, or physiotherapy, we will inform you of the process involved in obtaining these services at this stage.

After 21 days, you will speak to the First Response Team again to obtain an update on your injuries.  At this stage the claim will then be prepared to pass to the legal team.

The legal team’s first task is to request details of all additional losses that you may have suffered as a result of the accident. This can include: travel expenses, loss of earnings and medication charges. The team will calculate these costs on your behalf upon receipt of supporting documentation.

The team will also seek further information regarding your injuries and arrange for you to see a medical expert, usually in your local area.

Following your medical, the expert will provide us a report which is the basis for the value of your claim. If there are any issues with the report we may have to return to the expert for further clarification prior to placing a value on your claim.

Once we have complete medical evidence along with evidence to support your losses, we will seek to value your claim and provide you with advice as to the next steps involved in your claim.   We will then make an offer to the other side to begin negotiations. The other side have a set timescale in which to accept our offer, stay silent, or make a counter offer. Many cases are settled via the acceptance of our offer at this stage.

If all negotiations fail or the other side do not respond, court proceedings can be issued. Once issued, the other side have 28 days to acknowledge the proceedings and provide their defence, which sets out their position and what they intend to argue.

Both parties and the Court will then agree a timetable for the progression of the claim to include the exchange of witness evidence and final details of your losses.

Until the case goes to trial, we will continue to negotiate on your behalf. However, if the case has not resolved by the end of the timetable then the matter will be listed for trial, where a final resolution will be determined by a Judge.”

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