The Mayo Wynne Baxter Personal Injury Team has designed this section of the website to outline the relevant stages in bringing a personal injury claim. The particular steps required vary from case to case and will depend on a number of factors, including the complexity of the issues involved and the stance taken by your opponent. Our specialist personal injury solicitors can advise you on each stage in more detail.
Funding
If you ask us to consider a possible claim for personal injury then one of the first issues to address will be how the claim should be funded. There is often a range of options to consider.
You may for instance have the benefit of legal expenses insurance as part of your car or home insurance. Very often we will be able to act for you on the basis that if the claim should fail our costs (and possibly those of your opponent) will be met by your insurers.
Another option is that we may be able to act for you under the terms of a conditional fee agreement (“No win; No fee”). Our personal injury solicitors will explore with you what funding options are available and which approach would be in your best interests.
Procedural Steps
Once funding has been arranged we will give notice of your claim to your opponent who will generally refer the matter to insurers. We would then correspond with the insurers with the aim of securing an admission of liability. Your opponent will generally be expected to advise within three months as to whether liability is accepted.
If liability is admitted then the focus will switch to collecting medical and other evidence to enable us to value your claim. Hopefully when this evidence is gathered together we will then be able to negotiate settlement of your claim.
If liability is denied or there is no agreement on the value of your claim then we may have to consider issuing court proceedings. Most cases are resolved without resort to formal court proceedings. Even where proceedings are issued only a few cases get as far as a final court hearing.
Value of Claim
The level of any compensation will depend on the extent of your injuries and the past and future financial losses resulting from your opponent’s negligence.
Time Limits - limitation periods
Legislation sets out time limits for issuing court proceedings in claims of this kind and failure to comply with these deadlines is likely to mean your claim will be statute barred. Although the general rule is that prospective claimants have 3 years from the date of any negligence complained of to issue court proceedings, there are numerous exceptions to this rule and the legal position relating to limitation periods can be complex. It is therefore imperative that you seek immediate advice if you have any doubt about whether the limitation period has expired in your case.
For further information about what is entailed in bringing a personal injury claim or to discuss any potential claim you might have contact our Personal Injury Team today.
