Personal injury claims process

How does the personal injury claim settlement process work?

Every claim is different. This makes it difficult to estimate how long it will take to find out if it's successful. However, it is possible to get an idea of the different steps in a typical personal injury case to be aware of so that you know what's likely to happen and when. Here, we talk you through these steps.

How do I know if I have a claim?

The personal injury claim process begins when we establish if you have grounds for a claim. Get in touch by either following the online steps or calling us on . Tell us the details and we'll let you know after the initial free no-obligation conversation if we think that you could make a successful claim.

Our solicitors specialise in all types of workplace, public and car-accident claims. The process involved with each of these types of personal injury will differ depending on the circumstances, but there are similarities between them which we will cover in detail.

The types of personal injury we can help with include:

• Road traffic accidents - Claims for some of the injuries that can happen in a car or motorcycle accident, such as whiplash, cuts, bruising and minor fractures or bone breaks, are handled through an online system run by the government. This Small Claims system has different procedures and protocols to the other personal injury types mentioned here.

If your case is complex and you or a loved one has been badly hurt or critically injured, our team will be available to take you through the car accident injury claim process.

• Injuries in public - Negligence on the part of those who have a duty of care to the public, such as local councils or businesses, can lead to injuries. Whether you've tripped on a tree root in the street or had a fall on a bus, you could have grounds for a claim. In this instance, our solicitors will speak to witnesses to gather evidence and get a full picture of how you were injured.
• Injuries at work - When there are 441,000 non-fatal workplace injuries in a year, it's likely that many of those people are planning on starting the work injury compensation claims process. Whatever injury you've suffered at work, we'll speak to you about what happened and talk you through what happens next.

The next steps: assigning solicitors and consultations

Now that we've established the type of personal injury that you've experienced and we've decided that you could potentially have a successful claim, we'll make sure that you receive the best representation. Our team of no win no fee solicitors are on hand to work on your case.

The solicitors investigate what happened and find out from you how you've been impacted by your injury. You'll be gently guided through the accident and then asked questions about how you're feeling emotionally and physically. You'll also be asked about your finances as we know that you might have had to miss out on work due to your injury. This is all so that they can value your claim.

Don't worry about covering the costs at this stage. As our solicitors work on a no win no fee basis, you'll not have to pay for anything upfront.

Pre-action protocols

After your initial consultation with the legal team, there will be some pre-action protocols that must be carried out. These are the parts of the claims process where your solicitor lays out your case to present to the other side. It is worth noting that these pre-action protocols are for personal injuries outside of the Small Claims track.

First, they set everything out in the claim notification form (CNF). This is the official document that covers exactly what happened and puts forward the reasons for your claim, explaining why you think the other side is responsible for what happened. It's also the main document that will be referred to throughout the injury claim process.

Once your solicitor is satisfied that all the essentials have been included, they'll send the CNF to the other side's insurance company. This is the official notification that the other side is being sued for damages.

This part of the accident claim process is always sat with the defending party's insurance company. Their insurance covers the cost of your successful claim, rather than the person or organisation that we believe is responsible for your injury, so that no one is left paying for damages that they can't afford.

There is a 21-day time limit for the other side to let you know that they've received the CNF. There is then a three-month timeframe for them to look into your accident and they'll let your solicitor know whether or not they accept liability for what happened.

Whatever happened, whether it was a car accident or work injury, this part of the compensation claim process is where the next steps can vary. If the defending party admits that they are liable for your injury, your claim will be settled faster than if they don't.

What happens if they admit liability?

If they admit legal responsibility, your legal team will begin negotiating your compensation. This part of the process can take a while but you'll be kept updated with any progress that's being made. Follow the legal advice that you're given here - we're an expert team and understand how to handle this delicate part of your claim.

If they agree to a settlement with which you're happy, the claims process will come to an end and you'll be paid your compensation. If an agreement about how much is paid can't be reached, your solicitor will send a request to court asking for a judge to decide. This is rare, however, as negotiations are usually successful.

What happens if they don't admit liability?

Should they deny liability, your solicitor will gather evidence ready to use as proof of your claim. Medical records, witness statements, and any photographic evidence will be used here.

Another major piece of evidence will be the results of a medical assessment that will be arranged at this stage. This will clearly set out what injury - or injuries - you've sustained and how your injury has impacted on your life. For instance, have you had to adapt your home to make it more accessible after your accident? Have you had to pay for medical procedures or medication? The report based on this assessment will be used to further prove your case.

Once all the evidence is ready, your solicitor will begin to negotiate with the other side's insurers. As before, if negotiations break down or the other side still refuses to admit legal responsibility, your solicitor will put your case before a judge in court. Again, this part of the personal injury claims process rarely reaches court.

Your settlement

You can now receive your compensation payment. This will be paid by the other side's insurance company and it should arrive within a month.

As this is a no win no fee claim, your solicitor will take their settlement fee from this, which they'll agree with you beforehand, and settle any other costs. The rest of the money is yours. If your claim fails, you don't have to pay for anything.

Why choose National Accident Law for your claim?

We are a team of dedicated no win no fee solicitors. We understand that this can be a daunting process and will carefully explain the personal injury claim process at a pace that works for you. We also:

• Have many years of experience in dealing with personal injury claims.
• Avoid using complex legal jargon when communicating with you so that all the steps in your personal injury case are clear.
• Update you at every stage of your claim through your online portal.

We're also registered with the Solicitors Regulation Authority, the independent governing body of The Law Society. This means that you can be sure that we are consistently professional and ethical.

How do I make a claim?

If you've experienced an accident that wasn't your fault, get in touch with us by calling the National Accident Law team on or requesting a call back.

Our team will then explain the claims process to you so that you're aware of what's to come. If you're ready to begin the accident claim process, get in touch with us today.