Thinking about making a personal injury claim for yourself or a loved one? Below are some common FAQs which may help you to initiate the process.
What is the criteria for bringing a personal injury claim?
When bringing a personal injury claim, there must firstly be a breach of duty. Negligence or breach of duty means that the standard of care fell below the level to be expected, and that someone – whether that’s a local council, a property owner, or business – was negligent in their responsibilities. However, proving that somebody, or an organisation, failed in their responsibilities to ensure safety does not on its own allow a claimant to succeed in a personal injury claim. It is crucial to also prove causation i.e. that negligence caused damage or injury. If the negligence made no difference to the outcome there is no chance of success.
Do personal injury claims always go to court?
Very rarely do personal injury matters go to trial, but many cases will be issued with the courts. If it does go to trial, you would be informed well in advance by your solicitor.
Are personal injury claims just about the money?
The motivation for pursuing a claim is usually to hold the responsible party accountable for their actions and to hope that it doesn’t happen to anybody else. No amount of money can heal the damage caused.
Is bringing a personal injury claim emotionally challenging?
Investigating a personal injury claim can be difficult as it involves a lot of investigation and can be very time consuming; the average claim can take two to three years to conclude. However, your solicitor will be there to support you through every step and make the process as easy as possible.
What is the impact of negligence?
Medical negligence can be devasting, not just physically but emotionally – especially if it puts your working life on hold, which can cause financial struggles for the family. It can be very frustrating and isolating to recover from an injury which was not your fault. Although we cannot take back what has happened, we can help you and your loved ones get back on track.
Is it expensive to make?
In personal injury matters, it is common to agree a ‘no win, no fee’ agreement with your solicitor. This means if your claim is successful, the responsible party will pay for your legal costs; if unsuccessful, you won’t have to pay any legal fees.
What if I lose my job for bringing a claim against my employer?
When bringing a personal injury claim for an accident at work, the legal process is dealt with by your employers’ insurers, not them directly. Your employer cannot treat you differently or dismiss you for bringing a personal injury claim.
