How to Make a Personal Injury Claim: The Key Issues

For more information on making a personal injury or clinical negligence claim visit:

The Procedure of a Personal Injury Claim.

Most personal injury claims will follow a similar format, from first instruction through to Trial, should the Claim not settle before that point.

What do we do first?

Once we have obtained full instructions we will draft a letter of Claim to the Defendant notifying them of the claim against them. The letter of Claim will explain how the accident happened, the injuries you have suffered and, importantly, why you consider the Defendant at fault.

What happens next?

The Defendant has 3 weeks to acknowledge receipt of our Letter of claim and a further 3 months to carry out his investigations in to liability.

What is liability?

Liability is establishing whether someone has been negligent or breached a duty to you which has caused your accident.

What if liability is admitted?

Should the Defendant admit liability we will prepare your clam for valuation. This will involve you seeing a medical expert who will prepare a report on your injuries and advise of any future treatment that may be necessary.

If the medical evidence is final we will value your claim and advise you to make an offer to the Defendant to settle your claim. The offer will include compensation for your injury and your financial losses.

What if liability is denied?

If liability is denied then we will need to consider the Defendant’s evidence and the strength of their denial. . This may involve us taking detailed statements from you and any witnesses to your accident to support your case.

Related:  Are Pennsylvania Personal Injury Settlements or Verdicts Taxable

If we consider your claim still have reasonable prospects of succeeding, despite the denial of liability, we will move forward to obtaining medical evidence as described earlier.

What happens if we cannot agree liability or my personal injury compensation amount?

If settlement cannot be agreed, then we will commence Court proceedings to list the matter

For a trial hearing.

In reality, the majority of claims settle before Trial, however, the Court will impose a timetable leading to a Trial date which the parties must comply with. This timetable will put in place directions allowing the parties can file evidence in support of their case. If settlement cannot be reached with a trial, then the Trial judge will decide whether or not the defendant is liable, if this has not been agreed, and the level of compensation you will receive.

How long have I got to start my personal injury claim?

A Claimant generally has 3 years from the date of accident to pursue a claim for personal injury, therefore if you have suffered an injury and consider someone else to be at fault you should seek legal advice as early as possible.

For more information on making a personal injury or clinical negligence claim visit:


Leave a Reply