Personal Injury Solicitors

Background to Personal Injury
In excess of 3m people are injured in accidents annually.   Accidents can occur in all sorts of scenarios for example at home, at work or just outdoors.
Usually it is not the fault of the victim and the victims has a right to receive compensation.  Personal Injury law is complex, with the help of a solicitor the process of making a claim can be quite straightforward. Most solicitors offer a free initial consultation and will be able to quickly assess you if you have a claim.
If you have legal expenses insurance (often incorporated within home or motor insurance policies) or you are a member of a trade union, it is best to contact the insurance company or trade union before selecting your own solicitor. They may want to choose a solicitor to act for you.

Solicitor information requirements
To establish the details of your case, a solicitor will need:-
the date of the accident and where and how it happened;
the details of your injuries, medical diagnosis and treatment; and
details for any witnesses
proof of your loss of earnings and other financial expenses incurred as a result of injury;
any insurance policies you have to check whether these will cover the legal costs of your claim
Solicitor assessment
Your solicitor will be able to assess and explain:-
how likely your case is to succeed; and
how much you might be able to claim
the legal processes involved in taking your claim further.
The solicitor should confirm:
that he/she is happy to take your case on;
the name and status of the solicitor or other person in the firm who will be your main day-to-day contact;
how duration of the process is likely to take and arrangements for progress reports;
funding arrangements for the case and an estimate of your costs
timing of payment of solicitor’s costs and when you might have to pay the defendant's costs;
recourse procedures if, for any reason, you are not happy about the way your case is progressing.

The solicitor will send a claim letter to the defendant.  This sets out details of your injury and the circumstances in which it arose. If expert opinion is required to support your claim (e.g. doctor assessment) - your solicitor will suggest a relevant specialist. The person you are holding responsible for your accident (the 'defendant') then has to investigate and respond- usually no more than three months detailing whether they accept or deny liability for your injury. If they accept liability, your solicitor will try to settle the matter out of court.

Negotiation and settlement
Your solicitor assess the value of your claim is and indicate the level of compensation you are prepared to accept, and whether you want to make an 'offer to settle' for that amount.  This is referred to as a 'Part 36 offer'.  Your solicitor will tell you whether you should make a Part 36 offer and how this would affect you. If the respondent 'responds reasonably' to this offer and a settlement figure is agreed, the matter can be settled without court action. 
If you cannot settle for a mutually agreed amount out of court, your solicitor will advise you on whether to start legal action and pursue the matter through court.
If you decide to take the matter to court, your case will be passed to a judge. The judge will then be in charge of the timetable for your case in court.  The thought of going to court may be difficult, but it is important to remember that by this stage your solicitor will have prepared your case in detail and explained to you what to expect. Then it is just a question of waiting to hear the judgment.

 
Fees and costs
Your fees will depend upon
the experience of the personal injury solicitor; and
the complexity of your case.
Your solicitor may ask you to pay their expenses to support your case as it progresses (for example, the cost of medical evidence). These expenses are usually referred to as 'disbursements'.

Legal aid for personal injury cases in the UK is no longer available.  But if your case is successful, the other party should pay most of your legal costs as under English law the losing side pays most of the winning side's legal costs as well as their own.

 
There are several options available to make sure that you can cover your costs if you lose.  Your solicitor may be prepared to work on a 'no win, no fee' basis, for example. This means that if your claim is not successful, your solicitors do not charge you their fees.  You can back this up by taking out a legal fees insurance policy. This will cover you for your solicitors' expenses and the defendant's fees and expenses.

Your solicitor can explain the magnitude of likely costs by taking into account the following factors:-
How much does a case similar to this likely usually cost, and how are the costs calculated?
Is a 'no win, no fee' arrangement possible, or will the solicitor charge you on a time and expenses basis?
How will the fees be settled if the case is lost?
Is insurance cover required to protect against the cost of legal fees?
Are there any other alternative funding arrangements.
Ten years have elapsed since Personal Injury rules were extended to most civil court cases.