How to bring a personal injury claim
Bringing any sort of legal action can be a daunting and stressful experience. This can be particularly so in personal injury claims as you and your close family will undoubtedly still be having to deal with the often devastating physical and emotional consequences of the injury. Not only is bringing a claim stressful but it is often complicated and it is therefore essential that you seek expert legal advice. It is necessary to instruct a solicitor who has demonstrable expertise in dealing with claims of this nature to ensure you receive the best possible service at a worrying time.
The personal injury team at Foot Anstey has such expertise. The team is often praised in independent legal literature. The Legal 500 recently described members of the team as 'persuasive' and of gaining 'impressive results'.
Brief overview of claims process
The process of bringing a claim, as stated, can be very complicated. In its simplest terms, a claim must be bought within three years from the date of injury. Once you have instructed a solicitor, if they decide your claim has a reasonable chance of success, they will ask medical experts to look at your injury and assess the impact it has had on you. They will then try to calculate the financial losses you have suffered as a result of the injury. The solicitor will then contact the negligent person (or their employer/insurers) to see if they will admit that they are responsible and ask them to make an offer. If they do not, it may be necessary for your claim to proceed to court where a judge will decide whether they are responsible for your injury, and if so, how much compensation you will receive. This can also be complicated and will vary considerably from case to case depending on the seriousness of the injury.
Please read our guide to personal injury claims for more detailed information on the process and the legal tests involved.
If you are bringing a claim following the death of a loved one, please see our section on fatalities.
After my claim
If a claim is successful you should give consideration as to any effects compensation received could have on you life, or that of a loved one. You may wish to consider a Personal Injury Trust to ensure you do not lose your means tested benefits or you it might find this is an opportune time to make or update your Will. Foot Anstey can help you in these, and other legal matters that may arise, and your solicitor can discuss this with you if you would like more details.
Inquests
If a person has died, due to a violent or unnatural death, or a sudden death as to which the cause of death is unknown, an inquest could be requested. Foot Anstey have represented many clients at inquests and have helped bereaved families seek answers to questions surrounding the death of a loved one. To find out more about inquests and how Foot Anstey may be able to assist you, visit our Inquest page.
Related Links
Deputies in Personal Injury (PI) Trusts
