Thinking of filing a claim for compensation? This personal injury claims guide offers insider tips to help you win your case and get the compensation you deserve. If this is the first time you’ve had to navigate a claim, it can seem daunting. However, with the right support and advice, you can get your life back on track.

Understanding the Basics

Personal injury refers to harm done to a person’s body or emotions. When someone is injured due to another party’s negligence or intentional wrongful actions, they may be entitled to claim compensation.

Personal injuries can arise from various incidents, such as road traffic collisions, workplace accidents, assault, medical negligence, and more.

Claims can be based on negligence, strict liability, or intentional wrongs.

To claim compensation, it’s important to gather evidence to prove liability and the extent of the loss. A lawyer can help you through the legal process, ensuring that you have the best chance of winning your case.

You can also make a claim on someone else’s behalf. For instance, you can claim for the death of a loved one, for a child or where the individual would struggle to make a claim due to injury or disability.

How to Win Your Personal Injury Claim

Below, we’ve detailed the information you need and steps you can take to increase your chances of winning a personal injury claim. At Capital Lawyers, we have an exceptional success rate. This is in part due to our experience and attention to detail. It is also a result of only working on cases where we’ve identified a high chance of success.

What Needs to Be Proved in a Personal Injury Claim?

One aspect that needs to be proved is who was at fault. This won’t always be easy if there are multiple individuals involved. However, that’s where a professional lawyer can ask the right questions to identify the responsible parties.

Even if you are partially at fault, as long as you are not entirely to blame, you can still claim compensation. However, the amount you’re entitled to will be reduced. In that case, the compensation payments will be distributed among the involved parties.

If you’re claiming for medical negligence or an accident at work, you will need to prove that the person, organisation or local authority had a duty of care and that they did not fulfil their duties. You will also need to prove that the injury or illness, or the worsening of existing conditions, is a direct result of their failings.

Collecting Evidence

If possible, it’s good to collect evidence. While this might be the last thing on your mind when you’re feeling in pain and distress, gathering information on related hospital and doctor appointments, witness contact details, and photographic evidence (where applicable) can all help strengthen your case. Jotting down notes about the incident can also help, as you may misremember some details over time.

Choosing the Right Lawyer

If you know that you want to make a claim, the first big step is to choose a personal injury lawyer. Key factors to consider include years of experience, specialisation in the injury that you have, and client testimonials.

The level of service is also a huge consideration:

  • 24/7 messaging service: With a 24/7 messaging service, you can rest assured that the assistance you need from your lawyer is accessible. You also won’t be left in the dark about progress on your case.
  • Interpreter service: Some lawyers will provide an interpreter service for people in the UK whose first language isn’t English. That means that you can be confident about how the legal process works and feel supported through this difficult time. At Capital Lawyers, we believe that personal injury law should be accessible to everyone. That’s why we have 18 interpreters available that cover a broad range of languages.
  • Success rate: With a high success rate, you can be confident that the lawyers you’ve chosen are likely to secure you the compensation you’re entitled to. A competent lawyer will only take on a case if they are confident of winning. By choosing a no win, no fee lawyer, you can rest assured that the lawyer genuinely has your best interests at heart and will work hard to turn your claim into financial compensation. You won’t have to worry about any upfront costs, as you only pay if you win the case.

Calculating Compensation

Compensation can include economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering, emotional distress, and mental anguish).

There are injury compensation calculators available online; however, this won’t provide as accurate an estimate as a lawyer, as they will be able to calculate based on specific details regarding your case.

Remember to keep receipts and document any costs that you have incurred as a direct result of your incident. This could include transport costs to and from hospital appointments and the cost of any medication, healthcare, or counselling.

Negotiating a Fair Settlement

When it comes to negotiating a fair settlement, having an experienced lawyer by your side should make all the difference. They will have experience and expertise on how to navigate the legal system to ensure that you receive the maximum amount of compensation that you’re entitled to.

When assessing the severity of your injury or illness, pre-existing health conditions will be taken into account. If there is a crossover of symptoms with existing health conditions, this may affect the amount of compensation you can claim. However, a competent lawyer will be able to ensure that your settlement is fair.

Filing a Personal Injury Claim

You may wonder what the process of filing a personal injury claim looks like. We’re outlining the necessary steps below, from the incident to making a settlement.

Seeking advice from a lawyer as soon as possible is recommended. There is a deadline for making a claim, which is often three years from the date of the incident.

Contacting a lawyer should be a positive experience. Often, clients feel a sense of relief when they reach out to the team at Capital Lawyers. We provide a rapid response service, meaning you won’t have to wait long to hear back from us when you fill out our online claim form.

Many claims can be handled remotely. If you wish, you should still be able to meet your lawyers in person, but it’s helpful to know that you don’t have to attend in-person meetings if this would be inconvenient or difficult for you.

Often, you won’t even have to attend court. Once we have all the details and evidence, we will work through the course of justice to argue your case and secure the compensation you deserve.

We’ll talk you through the process and get to know more about your incident and how it has affected you. With a 98% success rate, you can be confident that our team will do everything they can to help.

Make a Claim with Capital Lawyers

Fill out the online claim form at Capital Lawyers today, and one of our specialist personal injury lawyers will be in contact soon to start your case and advise on the next steps.

Posted By:
Aqeel Rehman
Posted On: 03 Jan 2024