If you have been involved in an accident that has resulted in personal injury in England, you may be entitled to compensation for your losses. In this article, we will discuss how to make a personal injury claim in England and Wales.
Seek medical attention
The first step you should take after an accident is to seek medical attention for your injuries. This is important not only for your own health and wellbeing, but also because medical records will provide evidence of your injuries should you decide to make a claim. If the emergency services have had to attend the scene of the accident due to the severity of your injuries, their attendance will be clearly documented.
Next, you should gather as much evidence about the accident as possible. This could include taking photographs of the scene of the accident, gathering contact information from any witnesses, and obtaining a copy of the police report (if applicable). If your injuries are serious, you will not be able to do this and therefore, it will be up to the police to take down as much information as possible. It is sensible for you or a family member to get in touch with the police as soon as possible after the accident.
Contact a personal injury solicitor
If you decide to make a claim for personal injury, it is advisable to contact a specialist personal injury solicitor. They will be able to provide you with expert advice on your case and help you to navigate the claims process. Although in most cases you have three years during which to claim, getting the process started sooner rather than later is advisable, especially if some form is rehabilitation is required as the responsible insurer can often be persuaded to pay for this.
To make a successful claim, it is necessary to establish liability. This means showing that the accident was caused by someone else’s negligence or wrongdoing. Your solicitor will work with you to gather evidence and build a case for liability.
In addition to establishing liability, it is necessary to calculate the damages you are entitled to. This could include compensation for medical expenses, lost earnings, and pain and suffering. Damages are split into two categories, damages for the injuries (general damages) and damages for past and future losses (special damages).
Negotiate a settlement
Once liability and damages have been established, your solicitor will negotiate a settlement on your behalf. If a settlement cannot be agreed, it may be necessary to take the case to court. Only a very small percentage of cases have to go to court. If the injuries are so severe as to render someone unable to make the decision whether to settle, the court will have to approve the settlement.
How can Moore Barlow help
At Moore Barlow, we understand that making a claim for personal injury in England can be a complex process. However, by following the right steps and seeking the advice of an experienced personal injury solicitor, you can increase your chances of securing compensation for your losses.