Personal Injury Claim FAQ

What is negligence?

It is important to understand what negligence is as personal injury claims generally rely on your ability to prove that someone else’s negligence or fault caused your accident.

There is an important difference between an injury that was caused by a random accident and one that was caused by negligence; random accidents do happen – they are unfortunate but they cannot be prevented and so aren’t anyone’s fault, whereas accidents caused by negligence could have been avoided and so someone is responsible for them.

Professional negligence usually refers to a professional person acting in a substandard way compared to the norms of their work. For instance, if a doctor failed to follow the standard and recognised procedure expected of a competent practitioner, they may be considered to be medically negligent.

How much evidence do I need in order to make a claim?

Ultimately, you need sufficient proof to show that your injuries resulted from someone else’s negligence. In order to show this, we advise that you keep evidence detailing the extent of your injuries, any medical or other expenses, and the loss of any earnings.

Is it best to negotiate a settlement or take my case to court?

The best route to take will depend upon the particulars of your case and your solicitor will be able to determine which path you should choose. However, in the vast majority of cases it is sensible to avoid court and accept a settlement. Court is costly and often time consuming and it is always possible that you could lose your case.

I’ve seen personal injury lawyers advertised on TV – should I use them?

To many people’s surprise, the companies you see advertised on TV are in fact often claims handling companies and not law firms. Whilst they may seem appealing, we strongly advise that you instruct fully qualify solicitors who specialise in personal injury claims. Here at Bonallack and Bishop, we are a long established law form with a team of injury claim experts.

What are the consequences of losing a court case regarding my claim?

Losing your court case will incur hefty costs. You will not only have to pay your own legal fees but your opponent’s legal fees in whole or in part as well. Your solicitor may be able to arrange insurance to protect you from such costs and “no win no fee” agreements can be reached in many cases.

How much of my compensation award will I have to use for legal fees?

If you instruct our expert solicitors and you win your compensation claim, we will not take a penny of your compensation. This is because the other side will be responsible for paying our fees.

It’s been years since I sustained my injury – am I still eligible to claim?

Strict time limits apply to the claims procedure and in most cases you must claim within 3 years of sustaining the injury. However, if you only become aware of your injury at a much later date, this deadline can be extended, as is often the case with diseases which do not become clear until weeks or months afterwards.

Will an independent doctor need to examine me?

It is likely that you will need an examination from an independent doctor. Depending on the precise circumstances of your claim, this could be a doctor chosen by you and your solicitor, or by the party you are claiming against. Being examined by the defendants chosen medical expert can sometimes be useful to counteract any bias that may be shown by your own doctor, however unintentionally, in their own examination of you.

The independent examination helps to verify the truth of your claims and assess the extent of your injury, which can be used as part of the evidence to support your right to compensation.

Do I need to go to court?

Most personal injury cases are settled without the need for a final contested court hearing or trial – not least because it isn’t in the interests of either party for the case to get that far. Going to court is costly, stressful and immensely time-consuming. However, partly to protect your right to compensation it is very common for an initial claim to be made to court – not least because failure to do so within the appropriate time limit [normally three years from the date of the accident] could mean you lose your right to claim compensation entirely. For more information about the importance of time limits when it comes to making a personal injury claim, click here.

Contact our Injury Claim Solicitors today

Time limits apply to all compensation claims – so for FREE advice from specialist Personal Injury Solicitors you can trust;

  • Call us on FREEPHONE 0800 1404544 or
  • e-mail us by filling in the form below

Comments or questions are welcome.

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