Personal Injury – Frequently Asked Questions

1. What can you claim for in personal injury?

There are various things you can claim for. You can claim compensation for the injuries you have suffered, any loss of earnings you have incurred, travel expenses, private medical treatment fees and any future losses that you may incur.

Throughout you will be guided by one of our personal injury experts to explain and help you gather evidence in respect of all of your losses. Keep a record of any expense you incur.

2. What are the stages of a personal injury claim?

The first and most important stage is the beginning and gathering all the information required to start the claim.

Notification of your claim is given to the Defendant and/or their insurers. They then carry out an investigation and have to respond confirming whether liability is admitted or denied.

During that time we will discuss with you obtaining medical evidence and/or arranging treatment.

We will also ask you to keep a record of all of the expenses you incur and any help you have needed as a result of your injuries.

Once the evidence you will receive advice on the value of your claim. Then an offer is made or requested from the Defendant.

If liability remains denied or if the value of your claim cannot be agreed then the next stage would be to consider with you issuing Court proceedings.

No two claims are the same and you will always receive personalised advice.

3. How long does a personal injury claim take to settle?

The length of time it takes for your claim to be finalised depends on lots of different factor for example, the type of accident and the nature and extent of your injuries.

Some complex personal injury claims can take some time to settle, as it is important that all of your injuries are investigated properly and fully documented by way of evidence.

If liability is admitted and your claim is likely to be ongoing for a period of time. We can look at securing an interim payment for you.

4. How do I know if I have a claim?

Ask us! If you are involved in an accident then ordinarily you have 3 years to issue a claim.

In contacting us there is no obligation on you at all. We are happy to discuss any potential claim with you and give you individual advice on your circumstances.

5. What are damages for personal injury?

There are two types of damages. General Damages and Special Damages. General Damages is payment of compensation for your pain, suffering and loss of amenity.

Special damages are items that can be receipted and the price can be calculated, for example, travel expenses, medication costs, loss of earnings, treatment fees, damaged belongings.

6. Do I need a solicitor for a personal injury claim?

If you are involved in an accident then we strongly recommend that you contact a Solicitor for advice. Solicitors and Legal Executives are qualified and are specialists. They can advise you on whether or not you have a claim and give you the help and assistance that you require.

Solicitors and Legal Executives are highly experienced and all Solicitors in England and Wales are regulated by the SRA (Solicitors Regulation Authority) who are responsible for ensuring standard and professional conduct.

If for some reason we cannot help you, we will tell you why and can signpost you to other services.

7. What are the steps of a personal injury claim?

One of our personal injury specialists will take full details of the claim and assess your claim. They will talk you through the documents and take any evidence from you that you hold in support of your claim.

If we are able to take on your claim we are likely to enter into a “no win no fee” agreement with you.

We will then set about proving fault for your accident.

In order to value your claim we will need evidence of your injuries and we will normally arrange a medical report for you.

We may also arrange treatment for you such as physiotherapy. Once an admission of liability is received and the medical evidence is finalised we will then value your claim and try to seek the maximum amount of compensation for you.

8. What happens in court for a personal injury claim?

Most personal injury claims settle before a Trial. However we will advise you if we need to issue Court Proceedings in your claim. This may be because liability is denied or even if liability is admitted, the Defendant’s offer to settle might be too low.

We will always try to secure you the maximum amount of compensation.

If Court Proceedings are issued, the Court sets a timetable and we will notify you of all relevant dates. During this period the Defendant may make you an increased offer. We also may suggest to you that you make an offer.

If all attempts to negotiate fail, then there would be a final hearing at Court. We would represent you and guide you through the procedure.

9. How do I choose a personal injury lawyer?

Always do your research. You have complete freedom of choice. Seek out recommendations. The Law Society can provide information on reputable firms.

We pride ourselves on being accessible and available either by telephone or face to face at one of our offices. During office hours there will always be someone available to discuss a potential claim with you.

We have a many repeat clients and clients who have been given our details by friends and family.

10. How is personal injury compensation calculated UK?

Each claim is different. The likely brackets of compensation for various injuries are contained within The Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases. All Courts and Practitioners look at this book when valuing claims. Also decisions in previous cases with similar injuries are also considered when assessing the value of a claim.

11. Why choose Forster Dean?

Forster Dean are experienced personal injury specialists. We have been established for over 25 years. We will make sure that the claims process is explained fully to you. We will provide you with regular updates. Whether you are a local Client or live further afield, you will receive our personal attention.