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This guide is intended to take you through what will most likely happen during the lifetime of a personal injury claim. As each case is unique, this should not be taken as a definitive guide to your individual case, and you should not be concerned if your case does not follow this process. Your lawyer will always advise you on how your case is progressing and what the next steps are, with the ultimate goal of securing the best settlement possible for you.
If you would like to speak to a member of our team about making a claim, contact us now on 0800 054 6570 or fill in our online enquiry form and we will get in touch with you.
As you work your way through the flowchart below, more information can be found by clicking on the ‘i’ next to the specific stage.
There are two types of Personal Injury cases, as follows:
Portal Cases
Generally these are cases where your compensation award is likely to be less than £25,000 and the injury has occurred in England and Wales.
Non-Portal Cases
Generally, these are cases that either; i. have occurred abroad. ii. Are likely to provide you with compensation in excess of £25,000 or iii. Have left you with life-changing injuries.
After getting in touch with us, your case will be passed to a lawyer, who will discuss with you your injuries and how they have affected you and about your claim generally.
Your lawyer will make contact with the defendant, generally via their insurer. This is either done via an online portal or a formal letter.
If the defendant accepts liability for your accident, it means that they accept legal responsibility and accept that they need to pay you compensation, subject to your lawyer proving the extent of the injuries and financial loss your accident has caused you.
The defendant does not accept that they were responsible for your injuries. We will take steps on your behalf to obtain evidence to support you and encourage them to change their position.
A range of evidence will help us build a full picture of how much compensation you should receive. We will then work hard to secure it on your behalf.
Negotiations to settle your claim can take place at any time. However, we would usually recommend only trying to negotiate a settlement once the full extent of your injuries and financial losses are known.
Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.
We may need to issue court proceedings in order to progress your case
Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.
After court proceedings have been issued, the court will put a timetable in place, with input from both your lawyers and the defendant, with a view to proceeding to a final hearing.*
Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.
Once a timetable has been agreed, your lawyers and the defendant will have to comply with it. This involves exchanging relevant documents that will be relied upon to support or oppose your case.
Your case will be listed for a final hearing, often months in advance, and you should make sure that you are free to attend this in order to give evidence to support your case. The judge will decide whether or not the defendant is at fault and what compensation you are entitled to.
Your case will be concluded at the final hearing. We will work hard to ensure your compensation award is the best possible amount to enable you to get on with your life!
If you are not satisfied with the manner in which the law firm you have appointed is handling your case, we offer a “Check My Claim” service so you can get a second opinion on the service you are receiving from your current solicitor.
We can check your claim if:
For more information on how you can switch solicitors, take a look at our dedicated page.
To speak to an expert about an injury you have sustained that was caused by somebody else’s negligence and your right to make a claim, contact JMW today. Our solicitors are waiting to hear from you and are happy to answer any questions you may have.
To get in touch, simply call us on 0800 054 6570 or complete our online enquiry form to let us know that you would like to hear from us.
