People have many questions and wrong ideas about general personal injury claims. For the benefit of everyone, we’re going to run a short FAQ:
What is a general personal injury claim?
It’s a claim that is filed against a third party, which is believed to be the reason of the plaintiff’s injury. For example, an employee who meets an accident while at work due to lack of safety equipment may sue the company for damages because of the injury the victim sustained.
What kind of injury can be covered by the claim?
Almost all types of injuries can be the basis of a personal injury claim, from brain injuries to fractures, to death. However, the case has to be assessed first before it can go through to court. One is the nature of the injury. The injury should lead to unnecessary and unfortunate consequences like job loss, permanent or temporary disability, or even death. Although you’re allowed to file whenever you meet an injury, the cost of litigation and the time spent on resolving the case may be more problematic than the suffering from the injury sustained. In other words, as the victim, you also have to personally weigh the merit of the case.
Although it’s possible to file for a claim on injuries sustained in other countries, it’s almost always not covered by the UK law and jurisdiction, so you have to work closely with a UK solicitor and a representative from the country where you were injured.
How soon can I file a claim?
You are given up to 3 years to file for a general personal injury claim. It takes a while because not all consequences can occur immediately. It’s possible that the back pain you suffer from may occur only on the second or third year after the accident. Before that, you don’t show any signs of pain or suffering. Nevertheless, there are also instances when it’s possible to file a claim only after 3 years. A perfect example is when an employee has died of mesothelioma due to asbestos inhalation in relation to their work. This fatal cancer normally doesn’t show any symptoms until around the 10th year and beyond. You can find more helpful information on making a claim for mesothelioma here.
What are my chances of winning?
It’s still possible to lose a case even if you have a probable cause for the claim, and it can be for varying reasons. When it comes to chances of winning, there’s no guarantee, but you can increase that by working with a truly reliable and knowledgeable solicitor. Your personal injury solicitor should be able to sit down with you and review your case thoroughly before acceptance. They also provide you with the sound advice to strengthen the merit of the case. Of course, they act with your best interest in mind as your representative.
How much does it cost?
The amount you have to pay depends on many things. If you’re worried about the cost, you can look for companies that offer a “no win, no fee” arrangement. Simply put, you pay only when you win the case, and the fees are normally obtained from your claim.
Your personal injury solicitor
Every year thousands of people in the UK file for a claim against a third party as we established above. In fact, the country has one of the highest percentages of personal injury claims in the world. This definitely makes the solicitors very busy.
Solicitors are those professionals who appear in courts on your behalf. The basic idea is to spare you from more pain and suffering as you face the liable party and even the insurance company. They will also provide you with legal advice about personal injury claims. Thus, they perform services for you with a fee.
The fees or solicitor expenses can greatly vary depending on the company and the solicitor who’s going to handle your case. The claim will also be a factor. Regardless, the cost tends to be very expensive. Although you can go for a no-win, no fee arrangement, there are still expenses to be paid whether you win or lose.
This then makes people ask: is it really necessary to work with a solicitor for personal injury cases?
First you need to know that hiring a solicitor is not mandatory. You can choose to represent yourself in a case or accept the indemnity awarded to you by the third party and the insurance company. But before you even consider these, ask yourself these questions:
- Am I ready to accept what could be a very low reward of damages from the insurance company?
- Am I in the right state of mind and physical being to face the third party and the insurance company?
- Am I emotionally prepared to deal with the one responsible for my personal injury?
- How much do I know about personal injury laws?
- Can I win this by myself?
- Do I have the commitment, time, and resources to attend all meetings and perhaps court appearances for months or even a year until the case is over?
- Do I have the financial resources to carry on with the claim all by myself?
Why You Need a Solicitor
If you answer a no in any of those questions above, then you definitely need to work with a personal injury solicitor who can:
- Help you assess the merit of the case. One of the questions often ignored by many is whether the claim is worth the time, effort, and other resources. If the injury doesn’t in any way affect your life, then perhaps pursuing the case is not worth it either.
- Give you the moral and financial support you need. You’ve been through a lot, and you don’t have to go through some more. That’s why the solicitor is the one who makes appearances for you. Moreover, if you can choose the right company to work with, you’ll find out that the conditional agreement can be a good option to spend little for a claim process.
- Win the case. They studied the law and have represented hundreds of other cases and won them. Although there’s no guarantee of winning, you have a much higher chance of succeeding when you work with a personal injury solicitor.