After you have decided to go ahead and make a personal injury claim, you will be interviewed by your solicitor and you will be asked about how the accident happened, your background and your medical condition and treatment. Your solicitor will seek to ascertain the facts surrounding your accident during this interview, in order to build a compelling case for financial compensation. The interview can be in person or by phone.
After this, your solicitor will begin investigating your claim and review your medical records and any bills relating to your injuries. Your solicitor will apply for access to your records, with your consent. After reviewing your medical records, your solicitor will decide whether or not you have a case, and all evidence will be gathered in preparation to present it to the other party. All in all, the interview and evidence collection process will take a few weeks.
With small personal injury claims, usually with a value under £20,000, your solicitor will make a demand to other party or their insurance company for compensation. The other party will be presented with the evidence, so that they can investigate the claim themselves, which they will. A lawsuit will not generally be filed, unless your claim is one for permanent injury or impairment, and where the claim value is high. This is because early settlement is a process that seeks to get a smaller pay-out quickly, while a lawsuit is a process that seeks to get the maximum pay-out possible and bring those responsible to justice.
A good lawyer will not settle a case early. At UK Claim Lawyers, for example, the maximum pay-out possible is always chased. Click here to find out more about UK Claim Lawyers. If you are advised to settle early, it will only be for a very good reason, such as if new evidence comes to light that devalues the strength of your personal injury claim.
The vast majority of personal injury claims are settled within 6-8 weeks, but the process can stretch on for months, if a claim is particularly complex and needs investigating further. But whatever the case, your solicitor should discuss your claim’s timeline with you, so that your expectations are always in check and you know what’s happening.
Once a settlement figure is agreed, the other party will pay your solicitor directly. You will then be given a cheque for the full amount of your settlement figure, minus any legal fees that you are liable to pay. Compensation is usually paid by cheque, however you can request to be paid by BACS. If so, you should ensure your solicitor has your payment details to hand.