Navigating the personal injury claim process can seem daunting. There is a lot of conflicting information online about the steps involved, how long it will take, legal costs and the amount of compensation you will receive.
At PM Law Solicitors, we’re here to support you along every step of the journey, and assist you in navigating what can be a stressful situation as easily as possible.
We deal with many personal injury claims, but for the sake of simplicity, in this guide we are going to look at the process you would follow if you had tripped and fallen on some uneven paving stones.
1. Instructing PM Law Solicitors
Your first step is to raise an enquiry, you can do this by phoning on 03300 562180, or email us at enquiries@pm-law.co.uk, or you can submit an enquiry on our website.
Our experienced personal injury enquiry team will arrange a time to have a thorough discussion with you. We’ll talk specifically about your personal circumstances and the details of your claim, this can in more the serious cases, take around an hour. Our compassionate and supportive team are here to ensure you feel comfortable and understand the process throughout the call.
2. Assessing the claim
Once we’ve gathered all the information from you, we will pass the information over to one of our Personal Injury Solicitors. They will assess the details of your enquiry and determine something called “reasonable prospect of success”. This refers to the likelihood of success if we were to raise a claim for you. It usually takes us around one business day to assess, but it can take longer if there are a lot of details to consider.
If we think your case has a reasonable prospect of winning, you will receive a client care pack. This will contain information you need to read through in order to instruct us.
If we do not deem there to be reasonable prospects, we will tell you why we think in law, that you will not receive compensation.
3. Determining the At Fault Party
At this stage we need to identify where to direct the claim. This isn’t always straight-forward but we will use the information you have provided to do this. The party at fault will differ depending on the case, but in the instance of a trip on uneven paving stones, it could be:
- A local council
- An owner of private land
Once we have determined the party at fault, we then need to identify if they’re insured.
4. Evidence Collection
Whilst we collect evidence throughout, this is a key stage where we may ask you to supply some details that we can use. In the instance of tripping on paving stones, this could be camera footage or photography of the defective stones in question. This is also the stage where we may gather witness statements.
5. Presenting the Claim
Once we’ve gathered all the information and evidence, our Solicitors will present the claim. In England and Wales, there is an efficient and official way to present claims up to £25,000 in value. This is an online insurance claims portal and will present the claim to the party at fault. The court protocols will determine when a response should be given, in this example it should be within 40 working days.
Any claim that is valued over £25,000 is presented by a letter of claim being sent directly to the at fault party and their insurers.
6. Evaluating the Extent of Injuries or Illness
To support your case, we need evidence regarding your injuries or illness and their impact on your life. If you’ve received medical attention, we can access your medical records with your consent. Additionally, we will:
- Request photos of visible injuries
- Arrange expert medical assessments
- Consult specialists to assess recovery time
- Evaluate long-term consequences
As your wellbeing is our top priority, your Solicitor may arrange any necessary rehabilitation, such as physiotherapy. If the NHS cannot provide the necessary care or there are waiting times, we may be able to assist you in accessing private healthcare for timely treatment.
Together, we’ll establish recovery goals, whether it’s returning to work or resuming everyday activities. Specialists will assess the potential for recovery and set achievable milestones based on your injuries. Where liability is accepted, interim payments may be arranged to cover immediate treatment costs while your claim progresses.
7. Determine Compensation
When we have all the necessary evidence, we’ll be ready to calculate your compensation. The amount will consider:
- Injuries, pain, and suffering
- Costs of medical treatments, therapies, and rehabilitation
- Travel expenses related to medical appointments
- Lost income due to inability to work
- Care costs, whether from a professional carer or family member
- Damaged possessions such as clothing etc.
Our calculation factors in past losses/expenses and anticipated future costs. We’ll utilise the evidence gathered in previous stages for some components, while others may require you to provide receipts, payslips, or photos of damaged items.
8. Negotiation
After we determine your compensation, we’ll work as efficiently as we can to recover the compensation you deserve. There may be some negotiation involved, but our goal is to ensure you receive justice for your injuries. We may need to advance the claim by issuing county court proceedings if we feel the offers do not take the full extent of the injuries into account.
9. Compensation Payment
Either through negotiation or through the court, your compensation amount will be finalised and a payment will be issued to you along with a closing letter. Your legal fees will be paid by the at fault insurer. Unlike most other firms of Solicitors, at PM Law, we pride ourselves in being able to offer a No Success Fee Deductions Service, which means, you keep 100% of your compensation. At this final stage we would invite you to leave a review of our Solicitors and the service you have received.
At PM Law Solicitors, we’re committed to supporting you throughout your personal injury claim. If you’ve been injured and you’re considering making a claim, contact us today and take the first step towards securing the compensation you deserve.
