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Suffering a serious personal injury in an accident can be an incredibly traumatic time. You may have concerns about the effects of your injury on your home and work life and you may be worried about whether or not to pursue a personal injury compensation claim.

Getting advice from a specialist personal injury solicitor can help put your mind at ease. They will advise you on the simple steps you need to take if you decide to make a serious injury claim.

In her latest blog, Rebecca Brisley, a personal injury specialist from our Plymouth office, answers some of the questions she is often asked about the serious injury claim process.

What is a serious personal injury claim?

Serious injuries can have a significant and often long-lasting impact on you and your family. Examples include brain and head injuries, spinal injuries, amputations and limb loss, and severe burns. If you or a loved one suffers from a serious personal injury you may be able to claim compensation for the pain and suffering and any financial losses you experience.

How does a personal injury claim work?

Whether you suffered an accident at work, were involved in a road traffic accident or had an accident in a public or private place that wasn’t your fault, you are entitled to make a claim. The good news is that the serious injury claim process is not as daunting as you may think.

Your specialist personal injury solicitor will assess your serious injury claim using the following criteria:

1. Was the accident caused or partially caused due to another person’s negligence?
2. Did the accident cause a serious injury and financial losses?
3. Could the accident and serious injury have been reasonably foreseen?

If your situation meets these criteria, your solicitor will almost certainly offer to help you make a serious personal injury claim.

What is ‘no win no fee‘?

No win no fee (sometimes referred to as a CFA or Conditional Fee Agreement) means that if your personal injury compensation claim is unsuccessful, you will not have to pay any solicitor fees or charges.

Most serious injury claims have a no win no fee agreement with any legal costs only payable in certain circumstances. Your solicitor will advise you on the best way to fund your claim.

If no win no fee is the most suitable funding method; you may be advised to take out insurance called an After The Event (ATE) Policy. ATE covers the costs of bringing a claim which are not covered by the no win no fee agreement, such as the defendant’s legal costs and any medical report fees.

Can my solicitor help me access rehabilitation?

Yes, if you have suffered a serious injury, your solicitor will explore the possibility of rehabilitation with the defendant. There is a Rehabilitation Code which aims to prioritise claimants’ rehabilitation needs. It provides a framework so that your health, quality of life and ability to work are restored as much as possible before, or at the same time, as the compensation process.

What is a ‘letter of claim’?

A ‘letter of claim’ (sometimes referred to as a ‘letter before action’) is a formal letter which notifies the person you believe at fault for your accident that you hold them responsible for your injury and intend to make a claim for compensation.

Your solicitor will set out the background to your claim and the injuries and financial loss you have sustained in this letter to the defendant’s insurer (or solicitor). They will have a period of 3 months and 21 days to investigate and respond with either an admission or denial of liability.

If liability is denied your solicitor will carefully consider the denial and will advise you on the next steps in your claim.

If an admission of liability is made your solicitor will gather all the medical evidence and details of your past and future financial loss and put together a valuation of your claim before attempting a settlement.

How long does it take to make a serious injury claim?

This is a question our personal injury solicitors are often asked. At the start of any claim it is difficult to predict how long it will take to reach a settlement.

Sometimes it can take several years for a serious injury claim to conclude. However, if you are in financial difficulty during that time, it is often possible, with an admission of liability, to recover an ‘interim payment’ which can be used to tide you over throughout the duration of your claim.

Will I have to go to Court?

You will not necessarily have to go to Court to reach a settlement in your serious injury claim. In fact, most claims generally settle without the need for a trial. If your case does have to go to Court, your personal injury solicitor will guide you through the process.

Contact Novum Law’s serious injury team today

It is important to choose a solicitor with extensive experience and a strong track record in securing maximum compensation for serious injury claims.

At Novum Law, our specialist personal injury solicitors provide expert legal advice based on mutual trust and understanding. We understand that dealing with a life-changing injury is extremely difficult and the journey to recovery and financial settlement can be challenging.

That’s why we are here to help every step of the way. Contact our expert team today and ask about making a no win no fee serious injury claim. Call Freephone 0800 884 0777 or email info@novumlaw.com.