How to take Legal Action for a Personal Injury

After an accident or a debilitating illness, the last thing on your mind may be money.  Your first thought will be to get better and back to work.  However, it may be some time until this is possible.  Whilst recovering you may fall behind on rent payments.  Before long, money will be the first thing on your mind, and you will need to take action in order to claim compensation.

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You will normally have to claim compensation through the courts.  This can be complicated.  You need to prove (1) you were injured, and (2) the injury was caused by the negligence of a third party.

Why should I take Legal Action for a Personal Injury?

When you incur financial losses as a result of an injury, you may be able to claim money from your or a third party’s insurance company.  However, the insurance company will ask you to prove your losses, which can be difficult to quantify. They will then normally offer you less than you are entitled to.

If you suffer an accident at work or in the park, a letter to your employer or council might get your some compensation, but it is unlikely to be as much as you deserve.  For this reason, you will need to issue proceedings through the civil court.  Your case might not actually reach court (in fact, most claims are settled out-of-court) but you may need to issue proceedings to get yourself heard.

What does the legal process entail?

  1. You have 3 years from the date of an accident (or the date from which you became aware of the injury) in which to make a claim.  This may seem like a long time, but during this time you will need to find evidence the other person was at fault, as well as evidence of your injuries. 
  2. To begin the court process, you will need to file the requisite claim forms with the civil court.  The case will then be assigned to a county court, probably in the area of the person you are claiming against.
  3. You will need to pay a court fee. How much depends on the value of your claim.
  4. After proceedings have been issued, you will need to accurately evaluate your claim.  It may be difficult to assess the value of your claim when many of your losses will be incurred in the future, such as care costs and medical fees.  These can only be calculated by a professional medico-legal expert.
  5. You may also be summoned to various court hearings, such as summary judgment hearings and case management hearings.

How can I get help with Legal Action for a Personal Injury?

Legal Action – especially if you are not a lawyer – can be time-consuming, confusing and expensive.  It is easy to get bogged down in legal jargon and procedure.  Contact us at Manners Pimblett and our personal injury specialists can do all the hard work for you.

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