11 Tips to Help Navigate the process of a Personal injury Claim

October 22, 2024

With many factors contributing to the outcome, from assessing the severity of your injuries to understanding the role of insurance companies and the legalities surrounding the claim timeframe, it’s crucial to have a trusted guide.

At Tayntons, our legal experts are dedicated to securing the highest possible compensation for your injuries and losses. Our team prides itself on providing supportive, comprehensive assistance throughout your claim process, from obtaining medical evidence to valuing your claim accurately.

Whether dealing with cases involving uninsured motorists or claims where liability is partially shared, Tayntons will always act in your best interest, supporting you every step of the way to a successful and satisfying resolution

1. How much will I get?

We will always strive to get you the maximum compensation that you are entitled to. The actual value of your claim will depend on the types of injuries you have suffered as a result of the accident, the length of time it will take you to recover and how your injuries have impacted you.

It is difficult to predict how much a personal injury claim is worth as this will greatly depend on your recovery and how long it takes for you to recover from your injuries. Minor injuries that recover in a short period of time often result in settlements of up to a few thousand pounds. More serious injuries resulting in long recovery periods, ongoing care requirements or permanent injuries will attract higher settlements which could amount to hundreds of thousands of pounds.

Once we have obtained and finalised your medical evidence, we will then be able to provide you will a valuation of your injuries. It is difficult to predict the valuation of injuries early on because many factors can occur overtime which can affect the valuation of a claim. Whilst a fractured hip injury could initially be estimated in the region of £7,440 to £15,370, if complications occur such as the requirement for hip replacement surgery or ongoing permanent symptoms then the case could end up being worth in the region of £15,370 to £47,810 or more.

2. How long does the process take

The time it takes to conclude a personal injury claim resulting from a road traffic accident varies from around six months to several years. The length of the claim will depend on several factors including liability, the nature and severity of the injuries and whether court proceedings become necessary.

If liability is admitted early on, this will mean that further time will not need to be spent on thoroughly investigating the accident circumstances and obtaining evidence to establish liability. The length of the case also depends on the severity of the injuries and the recovery process. Serious accidents will normally take longer to conclude as they often result in more serious injuries. It is also important to make sure that the medical evidence is not obtained too early on, as doing so could result in an under settlement of awarded damages. This is because it takes time to be able to monitor a person’s recovery and to assess whether any complications are likely to arise as a result of the incident related injuries. One example is post-traumatic arthritis which can take around a year to show up on scans. In the event that court proceedings become necessary, this will also extend the length of the claim process.

We will always settle a claim as promptly as possible and will keep you updated throughout the claims process.

3. What can I claim for

In a personal injury claim you can claim for any pain, suffering and loss of amenity that you have experienced as a result of the incident. This includes both physical and psychological injuries. You can also claim for any expenses and financial losses that you have incurred because of the accident, and these are referred to as special damages. Types of special damages that are frequently claimed for in personal injury claims include loss of earnings, missed holidays or events, treatment and medical expenses, travel costs, damage to property and personal items. In addition to this, you can also claim for future losses such as future medical expenses, treatment costs and loss of earnings.

4. Why shouldn’t I claim directly with the insurance company

There is no requirement to use solicitors in order to make a personal injury claim and you are entitled to proceed with a claim yourself if you wish to do so. The benefit of seeking legal representation is that we can support you should any issues arise on your case such as a dispute on liability or causation. We are also highly experienced with the court process if court proceedings become necessary on your case.

Our personal injury team are also experts at valuing claims and ensuring that Claimant’s receive what they are entitled to. It is important to remember that whilst you can deal directly with an insurance company, by instructing a solicitor you can be reassured that you have someone acting in your best interests throughout the claims process.

5. Can I claim if the road accident was partially my fault

Even if you are partially liable for the road traffic accident, you are still entitled to claim compensation for the part of the accident that was not caused by you. For example, if it was established that you were 20 percent responsible for the accident, then you would still be entitled to receive 80 percent of the value of your claim for the part of the accident that was not your fault.

6. How long do I have to make a claim

In personal injury cases, you normally have three years from the date of the accident to settle the claim or alternatively to commence court proceedings. Commencing court proceedings, means the issue of a Civil Court Claim Form in either the High Court or the County Court.

In the event that the injured person was a child at the time of the road traffic accident, then the three-year limitation period will normally commence when they turn 18 years old.

Whilst there is a three-year limitation period, we do recommend commencing your claim as soon as possible, as evidence in support of a claim can easily be lost or destroyed over time. Early instruction also means we can seek to obtain any treatment or aids that you may require in order to assist your recovery.

7. How much will a Personal Injury solicitor charge

At Tayntons, we often work with clients on a no-win, no fee basis (also known as a ‘conditional fee agreement’) for personal injury matters. A Conditional Fee Agreement means that you do not pay any upfront legal fees, and you only have to pay us if your claim is successful. If we do recover compensation for you, then our fees will be based on a pre-agreed percentage of your awarded settlement.

8. Do I need to attend a medical examination

You will usually need to attend at least one medical examination. On average, medical appointments normally take between 20-60 minutes. At your appointment, the independent medical examiner will ask you questions about the accident circumstances, your injuries, your recovery to date and how your injuries have impacted you. The expert will then compile a detailed medical report. Your medical report(s) will then be used in order to value your claim.

9. Will I have to attend court

The majority of personal injury claims do not end up going to court, even on cases where court proceedings are issued. Our personal injury team also have a strong focus on alternative dispute resolution, meaning that we are often able to secure settlements without the need for our clients to attend court hearings.

However, if your case does end up going to court then our specialised personal injury team will support you throughout every step of the process.

10. Can I claim if the other driver was uninsured

If you were involved in a road traffic accident that was caused by an uninsured driver, then you will still be able to make a claim. In these situations, the claim will be submitted to the Motor Insurers Bureau rather than to a Defendant insurance company. We have a lot of experience in dealing with Motor Insurers Bureau claims and are happy to assist on these cases.

11. What evidence do I need to gather after a road traffic accident

If you are able to do so, it is important to obtain details of the at fault driver, their vehicle registration number and details of any witnesses. If the emergency services attended the scene and you were taken directly to hospital without being able to obtain these details, then we should be able to obtain these details from the police.

It is important to keep any photos or videos you took of the accident scene and of the damage to any vehicles involved. If you have CCTV footage of the incident, please also retain this.

After the accident, your injuries will be documented in your medical records following any GP or hospital attendances and these records will be obtained by us in order to evidence the injuries you suffered in the accident and the treatment you subsequently received.

It is also useful to keep a diary of your injuries and how these are affecting you. If a family member or friend is also having to provide you with care and assistance, then please also detail this within your diary and note how long each task is taking the person to complete. It is important to keep a detailed diary of this information, as over the passage of time it can become difficult to remember precise details.

Please also keep any receipts and invoices for losses and expenses that you have incurred as a result of this incident, for example hospital parking tickets, receipts for prescriptions and painkillers, as well as invoices and receipts for damaged items.

For any personal items damaged in this accident such as clothing, phones, shoes etc, please also take a photo of the damaged items before discarding them or getting them repaired. This is because we have an onus to prove that these items were damaged in the accident.

At Tayntons, our legal experts are dedicated to securing the highest possible compensation for your injuries and losses. Our team prides itself on providing supportive, comprehensive assistance throughout your claim process, from obtaining medical evidence to valuing your claim accurately.

Speak with our team to learn how we can help you here.