A personal injury claim is a legal action whereby someone seeks compensation after having suffered physical or emotional trauma due to someone else’s negligence or intentional misconduct. Whether it’s a slip and fall, a car accident, or a workplace injury — such claims can help victims secure compensation for their injuries, including any financial losses incurred.
In this guide, we’ll delve into what personal injury is, the types of claims, the process of making a claim, and how Thomas and Thomas Solicitors can assist you.
What Constitutes Personal Injury?
Personal injuries can arise from circumstances like accidents, medical errors, faulty products, or hazardous premises. The main objective of injury law is to ensure that the injured party receives compensation from the negligent party to cover medical bills, loss of income, and other related expenses caused by sustained pain and suffering.
Types of Personal Injury Claims
- Motor Vehicle Incidents: Victims have the right to pursue compensation for injuries suffered from a vehicle accident. These include everything from accidental collisions, to deliberate drunk driving incidents.
- Workplace Injuries: Workers that get hurt on the job due to poor workplace conditions or employer negligence have the option to seek compensation. This can help cover bills, rehabilitation expenses and potential loss of earnings.
- Slips and Trips: These accidents happen when someone gets hurt on another person’s property because of conditions like slippery floors, uneven surfaces, or inadequate lighting.
- Medical Negligence: Cases falling under this category occur when a medical professional’s mistake results in harm to a patient. This may involve misdiagnosis, surgical error, or improper treatment.
- Faulty Products: If a defective item causes harm, the company that produced the product could be responsible for paying compensation to the user. This includes anything from malfunctioning equipment to out of date medications.
- Criminal Injuries: Unlike injury claims based on negligence, these incidents involve deliberate harm, sustained as a result of a criminal act, including assaults and violent crimes.
Steps for Filing a Personal Injury Claim
Initiating a personal injury claim requires following certain steps to increase the chances of a claim payout:
- Get Medical Help: This is, first and foremost, the most important thing to do for your own wellbeing. However, from a claim perspective, seeking assistance also creates essential records of your injuries.
- Report the Incident: Depending on the nature of the injury, report it to the relevant authorities. For example, report workplace injuries to your employer and car accidents to the police.
- Gather Evidence: Collect proof such as a statement of the report for example to the police or your employer, pictures of the scene, statements from witnesses, and relevant information about what happened. This documentation will support and strengthen your claim to reap the best possible outcome.
- Consult a Personal Injury Solicitor: Engage a solicitor who specialises in personal injury law to guide you through the process, to ensure all paperwork is correctly filed, and to represent your interests.
- File the Claim: Your solicitor will help you file the claim with the appropriate insurance company or court, detailing the injuries, evidence, and the compensation sought.
- Negotiation and Settlement: Many claims are settled out of court through negotiation, so in this instance your solicitor will negotiate with the opposing party to reach a fair settlement.
- Litigation: If a settlement cannot be reached, your case may go to court and your solicitor will represent you throughout the trial process.
How Thomas and Thomas Solicitors Can Help
Our solicitors have a wealth of experience and understand that every case is unique and requires individual attention. We take the time to listen carefully to your specific circumstances and provide advice grounded in knowledge and expertise that is tailored to you. Our team will work tirelessly to ensure that you receive the compensation you deserve for your injuries, as well as any other financial losses incurred because of an accident.
- Expert Consultation: We offer a free initial consultation to assess your case and provide honest advice on the best course of action.
- Thorough Examination: Our expert injury lawyers will then investigate your evidence and set up your case.
- Legal Representation: Your assigned injury lawyer will then manage all matters, starting from submitting the claim to representing you in court when required. We also engage in negotiations with insurance companies to secure the settlement.
- No Win, No Fee Policy: We offer a no win, no fee service which means our fees are taken from your compensation settlement – so you only pay if your claim is successful.
Navigating through a personal injury claim can be complicated and overwhelming. However, with the right assistance you can achieve a fair resolution and the compensation you deserve. Thomas and Thomas Solicitors are here to offer the expertise and commitment you may need, and to support you through every stage of the process, bringing you reassurance and peace of mind.
If you or someone close has experienced an injury, contact our friendly team today.