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Frequently asked questions in personal injury claims

By Louise Moore

Published In: Personal Injury

Louise Moore, portal co-ordinator in our Personal Injury team considers the most commonly asked personal injury compensation questions clients have when making an accident at work claim.

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Personal injury claims can be complex, but we make it simple for you. We break down the legal jargon and guide you through the process in a way that's easy to understand. Our aim is to be as clear as possible, making the complicated seem straightforward.

What is considered when calculating n a personal injury compensation claim?

This depends on the type of injury suffered and how long the injuries last.  Medical evidence is obtained from an independent expert and this report is used to assist in calculating the value  of a claim. The amount of compensation depends on the severity of the injury, the impact on quality of life and any financial losses or expenses incurred. Compensation guidelines are provided by the Judicial College.

While we can't provide an exact figure, we can give you an idea of what influences the amount:

  • The severity of the injury: The more severe your injury, the higher the potential compensation. This takes into account not just immediate medical costs, but also long-term care, rehabilitation and any permanent disability or scarring.
  • Loss of earnings: If your injury has caused you to miss work or has impacted your ability to earn in the future, this will be factored into the compensation amount.
  • ·Emotional and psychological impact: Injuries often have emotional and psychological consequences, such as trauma or depression. These are considered when calculating your compensation.
  • Additional costs: Any other costs you've experienced as a result of the injury can also be claimed. This includes travel expenses for medical appointments, modifications to your home, or costs for care and assistance.
  • Legal precedents: Previous cases similar to yours can also influence the amount of compensation you may receive. We'll look at these to give you an idea of what to expect.

 How long do personal injury claims take to settle?

Each claim is different.  A relatively simple case with one medical report and liability admitted quickly may take as little as a matter of months to conclude.  If the case involves complex issues or disputes over liability the case is likely to take much longer to resolve. The willingness of both parties to negotiate and settle a claim, without the need for court involvement can affect the timeline. We’ll keep you updated as your claim progresses. As the case progresses a more accurate estimate based on the specifics of your claim can be provided.

The duration of a personal injury claim can vary widely, depending on several factors. Here's a broad outline of what can affect the timeline:

  • The complexity of the case: Simple cases, where liability is admitted, can often be resolved in a matter of months. More complex cases, where liability is more difficult to establish, and especially those involving severe injuries or multiple parties, can take longer, sometimes even years.
  • Negotiations: Negotiating a fair settlement can be a lengthy process. If the other party is willing to settle out of court, the process can be much quicker. However, if they contest the claim, you may need to go to court, which can extend the timeline.
  • Gathering evidence: The time it takes to gather all the necessary evidence can also affect how long the process takes. Medical assessments, witness statements and other forms of evidence can sometimes take a while to obtain.
  • Court proceedings: If your case goes to court, it can become subject to court timescales and capacity - availability of court dates can also be a factor.

 How much will it cost me to make a personal injury claim?

 This will depend very much on how your claim is funded:

  • No win, no fee: The most common way to fund a personal injury claim is through a no win, no fee agreement. This means you won't have to pay any legal fees upfront. If your claim is successful, a percentage of your compensation will contribute to the costs. If you don't win, you won't pay a penny.
  • Insurance: Some people have legal expenses insurance as part of their home or car insurance policy. This can cover the cost of making a claim. We can help you check your policy to see if this option is available to you.
  • Trade union funding: If you're a member of a trade union, they might offer financial support for your personal injury claim.

We're committed to making the claims process as accessible as possible so that nobody is ever put off making a claim because of financial concerns.

It’s important that after suffering a personal injury you contact us to discuss your case and get professional advice as soon as you can. We'll guide you through the process to ensure your rights are protected.  Call us on 01302 320621 or email help@switalskis.com.

 

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Louise has over 25 years’ experience in the legal sector. She is the Portal Co-ordinator in the Personal Injury department.

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