This document provides an overview of the process involved in pursuing a personal injury claim in England and Wales. It is intended to help you understand the key stages, requirements, and considerations before proceeding with a claim.
Who can claim?
To bring a personal injury claim, three elements must be established:
- Duty of Care: The defendant owed you a legal duty of care. In some cases, this is already established such as a property owner owns a duty to visitors.
- Breach of Duty: That duty was breached through negligence or wrongful action.
- Causation: The breach directly caused your injury or illness. This is established with medical evidence.
Time Limits
Under the Limitation Act 1980, most claims must be initiated within three years of:
- The date of the accident, or
- The date you became aware of the injury and its cause.
Exceptions apply for minors and individuals lacking mental capacity.
Evidence Needed
Strong evidence is essential to support your claim. This may include:
- Medical reports from an independent expert.
- Photographs or video of the accident scene.
- Witness statements.
- Official reports (e.g., police or workplace incident reports).
Compensation
Compensation is typically divided into:
- General Damages: For pain, suffering, and loss of amenity.
- Special Damages: For financial losses such as medical expenses, travel costs, and lost earnings.
The Claims Process
- Initial Consultation with your Solicitor: Assessment of your case and funding options.
- The Investigation: Gathering evidence and obtaining medical reports.
- Letter of Claim: Sent to the defendant outlining the case.
- Letter of Response: Defendant admits or denies fault and sets out their case if disputed.
- Negotiation: Settlement discussions and offers made.
- Court Proceedings: If the case is disputed, the case is issued and may proceed to a trial or final hearing. Often cases do not reach this stage.
Funding and Costs
Many claims are funded through Conditional Fee Agreements (No Win, No Fee). We will explain these agreements to you and explain:
- Your obligations under the agreement and when you may be liable for charges.
- Our obligations under the agreement and our duties to you
- Success fees we may charge.
- Any deductions from compensation.
- Insurance arrangements to protect against adverse costs, if appropriate.
Duration
The length of a claim varies:
- Straightforward cases: 6–12 months.
- Complex cases: 12–24 months or longer if court proceedings are required.
Conclusion
We are committed to guiding you through each stage of your claim with transparency and professionalism. Should you have any questions, please contact us for further advice.
If you believe you have a claim, please visit our website at ww.maxwellhodge.co.uk for contact details.
