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What to Expect When Making a Personal Injury Claim: The Legal Process Explained

David Prior by David Prior
March 25, 2025
Reading Time: 3 mins read
What to Expect When Making a Personal Injury Claim: The Legal Process Explained
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If you’ve been injured in an accident that wasn’t your fault, you might be wondering what comes next. Making a personal injury claim can seem challenging at first, especially if you’ve never dealt with the legal system before. 

But with the right guidance from professionals, the process becomes far more manageable. Professionals provide support from start to finish, making sure your case is handled with care and confidence. Here’s a breakdown of what to expect at each stage of the claims process.

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Initial Consultation

Your first step is speaking to a solicitor. During this meeting, you’ll talk through what happened, how the injury occurred, and how it’s affected your life. During this phase, it’s important to bring any documents you have, such as medical reports, accident details, witness statements, or photos, as they’ll help build the foundation of your claim.

This initial conversation also allows your solicitor to assess whether your case is strong enough to proceed. If it is, they’ll usually offer to take it on a “no win, no fee” basis, meaning you won’t pay legal fees if the claim isn’t successful.

Investigation and Evidence Gathering

Once you’ve decided to go ahead, your solicitor will get to work gathering evidence. This can include CCTV footage, accident reports, medical records, and expert opinions if needed. They might also contact witnesses and arrange for an independent medical assessment to understand the full impact of your injuries.

The goal here is to paint a clear picture of what happened, who was responsible, and how your life has been affected. The strength of this evidence is key when negotiating a settlement.

Choosing a team like Jones Whyte Law personal injury solicitors ensures that you’re backed by experience, legal knowledge, and a genuine focus on your best interests.

Notifying the Other Side

After evidence has been collected, your solicitor will notify the other party, usually an insurance company, that you’re making a claim. This is done through a formal “letter of claim”, which outlines the details of the incident and the injuries sustained.

The other party then has a set period, usually around three months, to investigate and respond. They’ll either accept responsibility or deny liability.

Negotiation and Settlement

If liability is accepted, the next stage is negotiation. Your solicitor will push for compensation that fairly reflects your injuries, financial losses, and ongoing impact. This could include matters like loss of earnings, medical expenses, rehabilitation costs, and damages for pain and suffering.

Moreover, most personal injury claims are settled at this stage without needing to go to court. Your solicitor will keep you updated throughout and offer advice on whether a settlement offer is fair or if it’s worth holding out for more.

Going to Court (If Needed)

If the other party denies liability or a fair settlement can’t be reached, your solicitor may recommend taking the case to court. This doesn’t mean you’ll automatically end up in front of a judge since many claims can still be settled before the court date.

But if it does go the distance, your solicitor will represent you, present your evidence, and fight for your best interests. A judge will then decide on liability and the amount of compensation to be awarded.

Conclusion

Making a personal injury claim isn’t always straightforward, but it’s also not something you need to face alone. From the moment you speak to a solicitor through to receiving compensation, each step serves a purpose in getting the outcome you deserve.

David Prior

David Prior is the editor of Today News, responsible for the overall editorial strategy. He is an NCTJ-qualified journalist with over 20 years’ experience, and is also editor of the award-winning hyperlocal news title Altrincham Today. His LinkedIn profile is here.

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