Personal Injury Compensation - Video
A copy of our how to claim personal injury compensation video should be viewable
below. A transcript of the file is also provided for your convenience. We hope you
find the content useful and informative.
Freephone: 0808 129 3320 or email us
using our online enquiry form.
Transcript - Guide to making a Personal Injury Compensation Claim
Hi. I am
Nagam Din and I am going to tell you about making a personal injury compensation
claim. Simpson Millar LLP is here to provide you with swift expert legal advice.
We are Personal Injury Panel accredited Law Society Solicitors.
Making a Personal Injury Claim – What you need to know
If you are thinking about making a personal injury claim you will want to know what it involves,
and how much compensation you are likely to receive and whether your claim is likely
to be successful. Here is a useful introduction to exactly what the claim process
involves. Simpson Millar LLP has helped thousands of individuals claim compensation
successfully. We pursue a large number of cases these can be road traffic accidents,
accidents at work, industrial injuries, animal attacks, sporting injuries and medical
If you are injured as a result of an accident which is not your fault then we can
help you decide whether you have a claim against the other party. We can offer you
free and friendly no obligation advice.
How can you contact us to make a claim?
You can complete an online form or you can call our general enquiries number (0808
What are the costs involved in making a personal injury claim
some individuals have their own legal expense policy through their motor insurer’s
policies or through the household insurance policies. Alternatively you can be a
member of a Union. If you do not have any insurance then we can still take your
case on a 'no win no fee' basis. You will then enter into a 'no win no fee' Conditional
Fee Agreement. If you lose your case then there is no costs to you. We usually
seek our costs from the other side if your case is successful.
So how does your personal injury claim start?
A Specialist Personal Injury Lawyer will go through your case with you and decide
whether or not we can take your case on. To start your case a letter of claim is
sent to your opponents. They are usually called the Defendant. The letter of claim
will set out the circumstances of your accident and it will also summarise the injuries
sustained by you and also contain details of your losses. The other side will have
21 days in which to acknowledge the letter of claim and three months in which to
confirm to you whether they accept fault.
What can you claim for?
You can claim for personal injury i.e. the pain and suffering and loss of amenity
that you have suffered. You can also claim for losses, such as loss of earnings
whilst you have been off work any travelling expenses when you have been attending
your GP or physiotherapist for example and/or physiotherapy or any other medical
treatment costs. You can also claim for any ongoing losses for example loss of earnings
or medication expenses or any medical treatment.
How are damages assessed?
In each case we will instruct a medical expert for example a Consultant Orthopaedic
Surgeon if you have suffered a bony injury or soft tissue injury for example in
a road traffic accident or we may instruct a Consultant Psychiatrist if you have
suffered a psychiatric injury. We will instruct a suitably qualified expert to examine
you and prepare a report in support of your claim for personal injury. We will also
prepare a Schedule of Loss which details all those losses that you have sustained
as a result of your accident for example travelling expenses, loss of earnings etc.
Once your medical evidence and schedule of loss is complete we will send these to
our opponents and then negotiate a settlement on your behalf. Your claim will then
be settled and you will receive your compensation.
What happens if your personal injury claim is disputed?
If your personal injury claim is disputed then we will have to issue and serve Court proceedings
upon our opponent to progress your claim. The claim will then be heard by a Judge
who will assess whether or not the other side is at fault. If a Court decides that
the other side is at fault then you will receive compensation which will be assessed
by the Court. If you lose your case at Court you will not have to pay any costs.
How long will the personal injury claim take?
Each case is different. A minor road traffic accident may take a number of months
to resolve whereas an industrial injury or an accident at work may take longer.
We aim to progress your claim as quickly as possible to deliver the maximum compensation
How long do you have to make a personal injury claim?
If you are aged over 18 then you have three years from the date of your accident
in which to pursue a claim arising out of that accident. If we do not settle your
claim before the end of the three year period we will need to issue Court proceedings
to enable you to continue to pursue a claim. If you are aged under 18 then you have
three years from the date of your eighteenth birthday in which to pursue a claim
for personal injury.
In some cases you may have suffered an injury or illness or gradually and you may
not have realised that this was because of somebody else’s fault. In these cases
you have three years from the date that you became aware that your illness or injury
was through somebody else’s fault in which to make a claim.
You may be concerned that you have to go to a Court hearing
A large majority of cases actually settle out of Court. If we do have to go to Court
we will be there to guide you through the Court procedure.
How much compensation will I receive?
Each case is different and is considered on its own merits. Each person’s circumstances
are different and compensation will therefore differ from each case. For example
in a minor whiplash injury claim where you may have made a recovery within 6 months
you could be looking at compensation of £1,500.
What if your accident happened abroad?
If your accident happened abroad we can still assist you but you will need to speak
to one of our experienced specialist Holiday Claims Solicitors. They will be able
to advice you whether any different rules apply for example when to bring the claim.
I am bringing a claim against my employer will they be angry?
Every employer by Law is obliged to ensure that they have a policy of insurance
in place to cover any accidents at work. It will be your employers insurance who
will be paying out the claim. We will be dealing with your employers insurance representatives
and usually you will have no contact with them should you make a claim.
If you have suffered an accident through no fault of your own then you are entitled
to seek compensation for any pain and suffering and any losses that you have occasioned.
Simpson Millar have a specialist team of Personal Injury Lawyers who provide high
quality legal advice to individuals and trade unions. We are accredited
members of the Law Society Personal Injury Panel. Our service is tailored to every
individual case to maximise the damages that we are able to receive on your behalf.
Get in touch today and find out how we can help you:
Freephone: 0808 129 3320 or email us
using our online enquiry form.