Personal injury can happen at any time or place and when you least expect it.
If you are injured through an accident which wasn't your fault then you are more than likely entitled to claim; it may provide you with the compensation and closure to get on with your life and move on.
Making a claim can seem like a daunting task.
Follow this short guide of dos and don'ts to make the claiming process as simple as it should be and put yourself on track towards a winning claim.
DO - Choose to be represented.
A claimant who chooses to be represented by an experienced injury lawyer / firm who can guide and advise throughout the procedure has more chance of making a successful claim.
A more complex claim with stubborn insurers most likely will lead to court proceedings with legal procedures which must be adhered to.
A lawyer well versed in injury claims working for a reputable firm will be able to guide an individual through a potentially complex court process and offer well informed advice.
- Choose a reputable injury firm / solicitor.
This means not simply settling for any solicitor.
A specially qualified solicitor experienced in the field will know the ins and outs of the claim process.
One way of ensuring this is to select a solicitor who is a member of the Law Society's personal injury accreditation scheme or other such scheme, depending on the nature of the injury.
An accredited solicitor will hold an unconditional solicitor's qualification and will have been practicing as a specialised personal injury solicitor for at least 3 years.
Other associations include The Association of Personal Injury Lawyers (APIL); a trusted organisation to promote and develop the expertise and professionalism of injury solicitors.
This involves an additional 2 year qualification and again shows that an APIL lawyer has achieved the highest personal injury solicitor standard possible.
DON'T - Choose the wrong representative for your claim.
After an accident you may talk to a claim assessor, also known as a claims manager.
A claims assessor does not have to hold a solicitor's qualification.
This may be a suitable option if compensation is settled amicably between two insurers.
If, however, the case is taken to court then a claim assessor may not have the experience or knowledge a qualified solicitor can boast, thus likely affecting the amount of compensation you will receive.
A claims assessor may also ask for a percentage of your winning compensation rather than a personal injury firm who promises a no-win, no-fee policy.
- Lie! Although this may seem obvious it is important to remain truthful and frank throughout the whole claim process.
Fraudulent claims are in breach of the law.
This may happen unintentionally.
Do not with hold any information from your personal injury lawyer.
Be precise when recounting the accident for the 'letter of claim' which is sent to the defendant's insurers as any changes made later, particularly in court, will drop your credibility.
Remember that all discussions with your solicitor and personal injury firm are confidential and cannot be disclosed.