Personal injury claims

In order to prove that you suffered an injury as a result of the accident, you will have to attend a medical examination by an independent doctor in your locality. Following the examination, a report will be prepared. The report is essential as it describes the injury suffered and confirms when or if your recovery is likely to take place. This forms the basis for the award of damages. There is no need to be concerned about the examination; the doctors that we instruct are friendly and sympathetic and most examinations take no more than 20 minutes.

Under the Personal Injury Protocol, an insurer is allowed a period of up to four months to investigate the claim and then either admit or deny liability for your accident. If liability is to be denied, the insurer must supply evidence in support of their arguments. They cannot simply refuse to deal with your claim.

You do not have to make a claim directly to the responsible party. We will take instructions from you as to the circumstances of the accident and the extent of your injuries. We will then submit your claim to the insurers on your behalf setting out your claim.

All claims in England and Wales are subject to certain rules which both solicitors and insurers must follow during the course of a claim. The protocol ensures that both sides act fairly and responsibly and it prevents delay in the progression of the claim.

You generally have three years from the date of the accident to start a claim. However, exceptions can apply, so contact us for tailored advice.

The length of time varies depending on the complexity of the case. Simple cases can be resolved within 6-12 months, while more serious claims may take longer.

You need professional legal advice to ensure that you receive the maximum amount of compensation due to you. Insurers will attempt to settle your claim at an early stage and often before you have been able to instruct a solicitor. They do this to save legal costs which they otherwise would have to pay and to also secure the lowest settlement award possible.

Most people who make a personal injury claim do so reluctantly. Very little is generally known about the process and there have been many negative news stories in the press in recent years. Claims are progressed through the insurers and not directly with the responsible party.