The Personal Injury Claims Process: What to Expect and How Long it Takes
Published: 1st June 2022
If you’ve been injured in an accident that wasn’t your fault, you may be wondering how the personal injury claims process works. This article will give you a basic overview of what to expect when making a personal injury claim. We’ll also discuss how long the entire process typically takes, and when you can expect to receive your compensation.
What is the process for Personal Injury Claims?
The personal injury claims process typically begins with filing a claim with the appropriate insurance company. It’s important to note that you should never admit fault for the accident, as this could jeopardize your case later on. The insurance company will then investigate the accident and decide who they think was responsible for the accident. If they think that the accident was your fault, your claim will likely be denied, and your lawyer will need to issue court proceedings to ask a judge to decide who was at fault.
However, if the insurance company decides that their insured customer was at fault, they will begin negotiations for a settlement. Again, if the amount of damages cannot be agreed, your lawyer will need to start court proceedings to ask a judge to decide.
In most cases though, the two parties will eventually reach a settlement agreement out of court.
How long does a Personal Injury Claim typically take?
Making a personal injury claim can be a long and complicated process, but with the help of an experienced solicitor, it can be much easier.
The personal injury claims process can vary in length depending on the circumstances of each individual case. However, most cases are resolved within 9 to 24 months.
Where a person dies because of the negligence of another person though, the rules for calculating damages are very different.
How personal injury compensation is calculated
When a person is injured due to another persons fault, they are entitled to compensation. Lawyers value the injuries by looking at past reported court cases where judges have awarded compensation for similar injuries. These past cases are called precedents. Lawyers also rely upon a book called the judicial studies board guidelines, which gives a recommended bracket for the damages for any type of injury.
Of course, when somebody is injured, it can affect every part of their lives, and can cause them to lose money or have to spend money. For example, they might have taken time off work, or never be able to work again. They might need somebody to look after them whilst they get better, or perhaps for the rest of their lives. They might need private medical treatment to make them better, or to help them cope with their injury. They would expect to claim those additional losses as part of their damages.
Where a person dies because of the doctor’s negligence though, the rules for calculating damages are very different.
How do personal injury lawyers get paid
If you have been seriously injured due to somebody else’s fault, a personal injury lawyer will usually agree to act for you on a no-win no fee basis. That means that as long as you don’t mislead the court, and you don’t sabotage your own case by not cooperating, if you lose, you will not have to pay your own legal fees. This is because your lawyer has agreed to write off their own costs and will have insured your case so that you do not have to pay the other side’s legal costs or the cost of medical reports and court fees.
If you win your case, most of your lawyer’s legal costs will be met by the defendants. Generally, you will have to make a contribution to your own legal costs, but our company has voluntarily agreed that for every client, that contribution will not exceed 25% of their damages. It may well be less than 25%, but it will not be more.
Are personal injury claims taxable
Damages for personal injury are not taxed as income or capital gains. This is because it is only compensating you for what you have lost, so there is no gain.
Your damages will be assessed as part of your assets if you are claiming benefits, or are applying for care from social services. A document called a personal injury trust can however shield your damages from being taken into account for the purposes of welfare benefits or social services care.
If you’ve been injured and are considering making a claim, contact Liddy’s Solicitors today for advice. We will be able to guide you through the process and help ensure that you receive the compensation you deserve.