How does the personal injury compensation claim work?

There are a number of reasons why you may be considering making a personal injury claim, but many people are unaware of how to go about it and what the process entails.

Whether you suffered an accident at work, were involved in a car collision or had an accident in a public place that wasn’t your fault you are entitled to claim and the process is not as daunting as you may think it is.

The most important thing is that you come forward with your claim within three years of the incident you were involved in, as waiting any longer will mean that the time limit for starting court proceedings has passed.

Once you have decided to go ahead with court proceedings to get compensation for the injuries suffered as a result of your accident you will need to sit down with a trained professional and discuss the circumstances surrounding your case.

After outlining the nature of the incident, the injuries suffered as a result, the people who may have seen it take place and the details of any third parties involved, medical examinations will be arranged to verify the exact nature of the injuries.

This will also indicate the kind of medical evidence that would be needed to pursue a personal injury claim.

The first step of the process following the initial free consultation is to write to the other person or third party responsible for the accident, who then have a reasonable period in which to investigate the claim.

At this stage the third party decides whether they are accepting or contesting the claim made against them, a decision which will usually determine whether or not the case proceeds to court.

Two main factors affect the speed of a claim, with the acceptance of blame the first hurdle to overcome. Should the third party accept that the accident was their fault then the case can usually progress quickly. However, if the blame is not accepted then evidence to prove the case may need to be gathered.

The extent of the injuries can also impact on how long it takes for the claim to be completed as more serious injuries require longer to settle for a consultant to provide an accurate prognosis.

The amount of time from the start of personal injury compensation proceedings to the end of the case and the award of damages will also depend on how the person/persons responsible react to the claim.

A simple case can usually be settled in around six to nine months, but those concerning more serious injuries and a court case may take between two and three years.

If a personal injury claim is successful compensation for the injury will be paid, as well as reimbursement for financial losses and the expenses associated with the incident.

There is no tariff for injuries in the English legal system, which means that each award of compensation is calculated upon the nature of the accident, the injuries incurred and how they affect the everyday life of the person claiming, with the period of recovery, the amount of medical treatment needed and whether there will be any long-term effects of the accident all taken into account.

If you have had an accident within the last three years that was not your fault and you suffered injury then please call us on our Fareham solicitors 01329 227974 to speak to one of our personal injury claims specialists for free no obligation advice.

How does the personal injury compensation claim work?

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