Russell Worth Personal Injury Blog:

Making a personal injury claim – an insight

Feb 10, 2014 | Uncategorised

Russell Worth Personal Injury Blog:

Making a personal injury claim – an insight

Why would you make a claim for compensation?

Each year here in the UK, there are over 3 million injuries sustained as a result of accidents. These are typically accidents in the workplace, on the roads or in shops or supermarkets but can literally happen anywhere. In many instances the people injured are at no fault of their own and the accident happened as a result of another party’s negligence. If this is the case then the innocent person injured in the accident could be eligible to compensation.

Making a claim for compensation can be a tricky process so having a solicitor that specialises in your claim area pays dividends. Russell Worth are specialists in each of the areas you see on our website.


Can I get free advice before making a claim?

Yes, the Russell Worth claims advice team are happy to answer any questions you may have regarding a potential claim. Just call 0800 028 2060 and our friendly staff will answer any questions you may have.


What will the solicitor need from me?

There are a number of details that we will need from you to get started, including:

  • The date of the accident. Note the law does not allow us to process claims where the accident / injury sustained happened more than 3 years ago.
  • A detailed description (either written or verbal) of the accident and how it occurred.
  • Contact details of any witnesses
  • Contact details of the opposing party (if you have them)
  • Medical notes corresponding to treatments for the injury sustained

Later on in the claim process and if it is required, we may need to see:

  • Receipts of medical expenses
  • Receipts of expenses incurred as a result of you receiving treatment
  • Proof of loss of earnings
  • Insurance policy documentation to determine if you are covered


The solicitors’ role in making a personal injury claim

Once your solicitor has gathered the above information from you they will be able to tell you whether you are able to make a claim along with an estimation of the amount of compensation you may be eligible to.

Russell Worth work on a No Win No Fee basis (also known as a conditional fee agreement) so will only take on a claim if there is a strong chance of it winning.

If our solicitor determines that your case is likely to succeed, they will then explain the fees that are involved with the case and then ask whether or not you are happy for Russell Worth to represent you on this basis.

Once the above has been agreed with your solicitor they will send out a summary of the claim that you are making against the opposition along with the terms of the conditional fee agreement. All you need to do is sign and return the paperwork and we will keep you informed of progress made every step along the way.


What happens once I have agreed to Russell Worth representing me?

Once we have received the returned paperwork summarising your claim and the terms of the agreement between us, we will then investigate the accident and when we are happy that we have all bases covered will immediately contact the opposing party stating our intent to claim damages from them.

In some cases it is necessary to get an expert medical opinion to strengthen your claim – we will advise you at this stage if it is necessary and help you organise this.

The defendant is informed that they must respond within a pre-determined time, which is typically no longer than 3 months but can be much quicker. In this response they must either accept or reject the claim for liability.

If the opposition accepts liability then it is standard practice to try and settle out of court.


When and how to settle your claim?

Out of court – If the defendant (or their legal representative) offers to settle out of court then this is typically the shortest and most convenient method of receiving compensation.

Part 36 – in some instances the best option may be to make an offer to the defendant stating what figure you would be happy to settle for. This is known as a Part 36. Note: the opposition can make a Part 36 offer to you at any stage in negotiations – your solicitor will advice you on the best course of action should this happen.

Court settlements – If no agreement can be made between the two parties on settlement OR simply the defendant does not accept liability then it may be necessary to take the opposition to court.


What happens if a claim goes to court?

The prospect of going to court can be quite a daunting one but it is worth remembering that if you have come this far, one of our solicitors will have an extremely strong case drawn up against the opposition.

The judge will advise on the date of the hearing and whether or not anything needs to be prepared. We will have most things covered here so don’t worry.

On the day of the hearing the judge will announce the outcome of the case (providing it is not a complex case that is likely to take longer than one day).


What costs will I incur when making a claim?

Our fees tend to be 25% of the claim value but this can vary in some cases, depending on the individual case. Your solicitor will explain more on this.

There may be costs associated with disbursements that are made, which you will need to cover until a settlement figure is reached. These are for things such as supporting medical evidence. Don’t worry; these costs are taken into account when determining an agreeable settlement figure.


Other questions to ask the solicitor when you speak to them:

  • Do I need insurance in place to cover me if the case is lost?
    • Will this cover the opposition’s legal costs?
    • How much does this cost?
  • Are there any other options for funding a case other than No Win No Fee?
  • If the case is successful, how do I receive my compensation and in what time period?
Excellent. The service was efficient from start to finish and I would not hesitate to recommend Russell Worth Solicitors to anybody who is unfortunate enough to meet with a personal injury that is not their fault.
Hilary Ann

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