How Can A Solicitor Assist Me In Pursuing A Personal Injury Claim?

Having worked as a claimant solicitor for over 13 years, I have assisted hundreds of claimants who have been involved in an accident that was not their fault. This has included road traffic accidents, accidents at work, slips and trips and many more.

When a person has been injured in an accident, it is often unexpected and can be life changing not just for the individual but also family members.

As a claimant solicitor when I am approached by an injured party to represent them in pursuing a personal injury claim, I will at the very outset risk assess the case to consider whether there are prospects of success on liability in pursuing the claim. A letter of claim or claims notification form will be drafted and this will set out the accident circumstances, the injuries suffered and details of why we consider the defendant to be negligent for causing the accident.

At the very outset of the claim as aclaimant solicitor I will identify the needs and requirements of my client. I will consider what injuries have been sustained and what treatment if any has been sought by treating doctors under the NHS or privately and will obtain medical records to identify this.

Rehabilitation Code and Immediate Needs Assessment

Once a letter of claim has been sent to a defendant and an acknowledgment has been received from an insurer or representative I will seek to discuss the extent of the injuries with the defendant insurer. This is to ensure they are aware of the nature of the injuries early on and to ask them to consider engaging in the Rehabilitation Code. In some cases, it is essential and beneficial for an Immediate Needs Assessment to be carried out by a third-party rehabilitation company. I find it helpful when the defendant representative works collaboratively to identify the injuries and any medical treatment and care needs and requirements for a claimant early on. This helps a claimant to receive or at least identify what treatment may help get the claimant back into the position they were in or as close as possible before the accident took place.

If liability is admitted for a claim it is more likely the defendant insurer will agree to fund an assessment and fund any recommendations for investigations and treatment. Equally where liability is denied defendant insurers may still agree to arrange an Immediate Needs Assessment but wait to consider funding of any recommendations until a liability decision is reached.

Support network

A claimant solicitor can help to provide support to an injured party as a result of an accident by working closely with a case management where appropriate if all parties can agree to appoint a case manager to work collaboratively with all treatment providers. It can take away the pressure and stresses of a claim. Often family members who care for an injured party are also affected and we can work to help all those affected by the accident.

During the course of a claim, it will be necessary to obtain medico-legal reports from experts. These are not treating doctors but rather experts that have a duty to the court to prepare reports identifying the injuries suffered as a result of an accident and providing a prognosis where possible. A claimant solicitor can seek to identify the most appropriate experts to instruct in the case.

Considering the value of a claim

A claimant solicitor can assist in identifying the value of the claim for both the injuries suffered as a result of the accident (General damages) and financial losses incurred (special damages). The claim can be proved using and obtaining medico-legal reports and preparing a document called a schedule of loss setting out any financial losses incurred as a result of an accident.

A claimant solicitor can assist in negotiating a fair and reasonable settlement with the defendant representative.

Issuing court proceedings

In certain circumstances it may be necessary to issue court proceedings against a defendant. This could be where liability has been denied by the defendant or the limitation date of a claim is approaching or where the parties simply cannot agree as to the value of the claim. A claimant solicitor can help by drafting a claim form and a particulars of claim and issuing and serving court proceedings on your behalf.

In summary, instructing a solicitor to assist in dealing with your personal injury claim can ease the burden and relieve some pressure for the injured party to concentrate on their rehabilitation and treatment of the injuries sustained. To speak to one of our experience personal injury solicitors call 0330 822 3451 or request a callback.