Submitting a personal injury claim allows individuals who have been injured due to someone else’s negligence to seek compensation for their losses.
Not all accidents can lead to a claim but sometimes an accident should have been prevented.
If you have suffered an injury or work related illness within the last three years and it wasn’t your fault, then the compensation you are entitled to can be a big help, letting you sleep a little more soundly at night.
The law and procedures surrounding personal injury claims can often be difficult to understand and can leave you feeling out of your depth in an already stressful situation.
Leading Cumbrian law firm Bendles pledges to lighten the load by explaining what your options are, talking you through the various steps and giving you clear, no-nonsense legal advice.
Here is Bendles’ guide for anyone considering a claim.
How to make a claim
To succeed, you need to prove you’ve been injured because of someone else’s negligence.
Negligence occurs when a person or entity fails to exercise reasonable care, to avoid a foreseeable risk of injury, resulting in harm to another.
Common examples include car accidents caused by distracted driving, an accident at work caused by negligence of a colleague, unsafe systems of work or defective equipment, trip or slip cases and many more.
Value
You can claim compensation for pain and suffering, in addition to any other loss suffered eg medical expenses, lost income, other out of pocket expenses and more. For serious injuries, you may be able to claim for future loss too.
The claims process
Firstly, the party you believe caused your injury must be notified of the claim.
Once they accept fault, or if they deny fault and we believe you still have a strong case, we gather medical evidence.
You will be sent to an independent medical expert for an assessment, the type of expert we send you to will depend on the injury suffered.
In some cases, you may need to be assessed by more than one expert. After getting medical evidence, we can begin to value your claim and negotiate settlement.
Timeframe
The simplest cases settle within 12 months.
However the average life of a claim is 18 months – three years.
Some may take longer, and as your solicitors, we will keep you updated throughout.
Time limits
The most important time limit is the limitation date which is usually three years from the date of your accident – however there are some exceptions to this rule.
By this date your case either needs to be settled or issued at court.
It is important you seek legal advice as soon as possible if you believe you have a claim as settlement can take time.
Funding a claim
Bendles Solicitors offers a no win no fee-style funding for your claim.
If we don’t win, you don’t pay.
If we do win, our fee is taken from your damages and will never be more than 25%.
Find out more
For individual advice, please call Bendles Solicitors on 01228 522215 or head over to our website and submit an online enquiry.
