Notifying the person or organisation responsible
Once we have gathered enough information about what happened, we will usually formally notify the person, business or organisation we believe may be responsible for your injuries. This person or organisation is known as the defendant. In many cases, their insurer will deal with the claim on their behalf.
Many personal injury claims follow a Pre-Action Protocol, which sets out the steps both sides are expected to take before court proceedings are considered. As part of this process, we will usually send the defendant a Letter of Claim. This is a formal letter explaining what happened, the injuries you have suffered, why we believe the defendant may be responsible and details of any financial losses known at that stage.
Under the Pre-Action Protocol for Personal Injury Claims, the defendant should acknowledge the Letter of Claim within 21 calendar days. They will then usually have up to three months from the date of acknowledgment to investigate what happened. During this period, they may review documents, speak to witnesses and consider other available evidence.
At the end of the investigation period, the defendant should provide their position on liability, which means whether they accept or deny legal responsibility for the accident. If they deny liability, they should explain why and provide relevant documents where required under the protocol.
We will review their reasons and the available evidence before advising you on the prospects of continuing with your claim. Further evidence may need to be gathered and, if the dispute cannot be resolved, court proceedings may need to be considered.
Different procedures and timescales apply to some types of personal injury claim, so the exact process will depend on the circumstances of your case.
How is medical evidence obtained?
Medical evidence is an important part of establishing the nature and severity of your injuries and their impact on your life.
We may obtain relevant medical records and arrange an assessment with an independent medical expert. The appropriate expert will depend on your injuries. For example, an orthopaedic expert may be instructed for certain bone or joint injuries, whilst other cases may require evidence from specialists in neurology, psychiatry, plastic surgery or another relevant field.
The expert will usually review the available medical records, assess your injuries and prepare a medico-legal report addressing matters such as diagnosis, treatment, recovery and prognosis.
Where there are several injuries or the effects are particularly serious, evidence from more than one specialist may be needed.
What happens if my recovery is still ongoing?
It is not always possible to understand the full impact of an injury at the beginning of a claim.
An expert may recommend further treatment, rehabilitation or another assessment before providing a final prognosis. In more serious cases, it may be necessary to obtain further medical evidence over time before the claim can be properly valued.
We will explain what the medical evidence means and advise when there is sufficient information to consider settlement.
How is a personal injury claim valued?
The amount of compensation will depend on the individual circumstances of the claim and the impact the injury has had on your life.
A personal injury settlement may include general damages for pain, suffering and the impact of the injury on your quality of life. Previous court decisions and the Judicial College Guidelines may be considered alongside the individual medical evidence when assessing general damages.
Compensation may also include special damages for financial losses and expenses resulting from the injury, such as:
- Past and future loss of earnings
- Loss of pension
- Medical treatment and rehabilitation
- Care and assistance
- Travel expenses
- Specialist equipment
- Home adaptations or alternative accommodation
- Future treatment and care needs
- Other reasonable financial losses caused by the injury
There is no standard amount of compensation for a particular accident or injury. Where a claim involves significant future losses, specialist evidence may also be required to assess long-term financial needs.
What are interim payments?
An interim payment is an advance payment of part of your compensation before the claim reaches final settlement.
Depending on the circumstances of the case and the evidence available, it may be possible to seek an interim payment before the claim reaches a final settlement. This may provide important financial support whilst you are recovering, particularly if your injuries mean you are unable to work or your income has reduced. It may also help you access rehabilitation and other support at an earlier stage rather than waiting for the claim to conclude.
Any interim payments received form part of your overall compensation and will be deducted from the final settlement.
Will my personal injury claim go to court?
Many personal injury claims are settled through negotiation without the need for a final court hearing.
Once there is enough evidence to understand your injuries, financial losses and the circumstances of the accident, either side may make an offer to settle the claim. We will explain any offers you receive and advise whether they fairly reflect the value of your claim.
If responsibility remains disputed or an appropriate settlement cannot be agreed, it may be necessary to start court proceedings. This does not necessarily mean your case will go to trial, as negotiations can continue and many claims settle before a final hearing takes place.
How long does a personal injury claim take?
There is no standard timeframe, as every personal injury claim is different.
A more straightforward claim where responsibility is accepted and the injuries have resolved may conclude sooner than a serious or complex claim where responsibility is disputed or the long-term effects of the injuries are still being assessed.
The length of the process will therefore depend on factors such as the severity of your injuries, your recovery, whether responsibility is disputed and the evidence required to properly value your claim.
We will keep you updated throughout the claims process and work to progress your claim as efficiently as possible.
How long does it take to receive compensation after settlement?
Once a settlement has been agreed, the time it takes to receive your compensation will depend on the terms of the settlement and the circumstances of your claim.
When we receive the compensation, any agreed deductions or payments will be dealt with before the remaining balance is transferred to you. If you have already received interim payments during the claim, these will form part of the overall compensation awarded.
Different arrangements apply where compensation is awarded to a child or someone who lacks the mental capacity to manage their own financial affairs. For example, the settlement may need to be approved by the court and arrangements made for the compensation to be managed appropriately.
Our Court of Protection team can provide advice and support where this is required.
Following a personal injury settlement, it may also be appropriate to consider setting up a personal injury trust to hold and manage compensation. We can advise on whether this may be suitable for your circumstances.
How Simpson Millar may be able to help
Our Personal Injury team supports people following a wide range of accidents and injuries, including serious and life-changing injuries where rehabilitation, care and other support may be needed.
We will take the time to understand what happened and how your injuries have affected your life. We will explain your options in plain English and support you throughout the claims process, from the initial investigation through to settlement or court proceedings where necessary.
We may also be able to handle your claim under a No Win, No Fee agreement. We will explain the funding options available and any potential costs before you decide whether to proceed.
If you think you may have a personal injury claim, contact our experts for a free, no-obligation assessment of your circumstances. Call us today on 0800 260 5010 or request a callback.
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