What do I do now?

As handlers of personal injury and accident claims, it is very easy for us to forget that most members of the general public do not know how a claim is dealt with, what the procedures are, how long it can take, or who to trust. The following information should help you to understand what happens and what you can do to help the process along.

1. If you have found this page, the first thing to do is print it and keep it safe.
2. Write down the details of the accident including when and where the injury occurred, details of any insurance companies if known, the names and addresses of any witnesses to the accident and the person or company responsible for the accident. Also write down brief details of your injury, symptoms, medication taken, etc.
3. Complete our on line enquiry form make an online personal injury claim or telephone us on 0845 644 5135
4. Ensure you visit your doctor as soon as possible to obtain advice regarding recovery from your injury and also to ensure there is an official record of your injury.  This is because compensation will only be awarded if the injury can be proved, and medical evidence is an essential requirement.
5. Keep a notepad close to hand and make a note as and when symptoms of the injury affect you. An example of this might be following a whiplash injury;
   
   '8:00am, Thursday 3rd May – could not get out of bed without stabbing pain in shoulder. Took two pain killers’
   
   '3:00pm, Saturday 5th May – tried to play golf but neck and back too stiff'
   
   This will allow you to keep an accurate record of genuine symptoms. It is very easy to forget how you felt when the claim is still being negotiated after a year or more!
6. Make up a folder and keep all documentation relating to your injury so you can refer to it as and when required.
7. Keep all receipts for expenses incurred as a direct result of your injury. For example, if you could not drive your car due to symptoms, perhaps you had to take a taxi or bus. Document it and keep the evidence.
8. Your appointed solicitor will almost certainly arrange a medical examination for you with an independent doctor or consultant. This can take a number of months due to the workload of the doctor/consultant and you may have made a full recovery by the time of your appointment. It is still very important that you attend the appointment. A detailed medical report will be produced following this and that will be the most important piece of evidence supporting your personal injury claim.
9. At this stage it is very important that you understand, personal injury compensation claims are not quickly concluded. If your injury is minor and you make a full recovery within a month or so, the entire claim may take 9 months or a year to conclude, but there are many factors that affect the time taken. If you were more seriously injured and have still not fully recovered after, say, 2 years, you may require a second medical report, further x-rays, MRI scan, all of which takes time and is important for your health and your claim. Such claims may take 3 years before they are concluded. In the case of a medical negligence claim against a hospital, it is not unusual for a claim to take more than 5 years. If you have a genuine claim, it is worth pursuing, regardless of the time necessary.
10. At some stage, once liability ( who is at fault for the accident ) is resolved and all the evidence is gathered and approved, the third party insurers (insurance company representing the person or company at fault ) will study all the evidence and, based on guidelines for other similar injuries, they will make an 'offer of settlement' This is a sum of money that they believe represents what your injury is worth.
11. Your appointed solicitor ( the only person qualified to advise you ) will tell you if the offer is reasonable or unreasonable and if you should then accept or reject the offer. The solicitor will then also advise you of the implications ( if any ) of the decision you make.
12. Hopefully, the offer was reasonable, you have accepted, and the solicitor has requested payment to be made. Your claim will now be concluded. If not, further negotiations may take place until a satisfactory offer is received.
13. Unlucky for some. Negotiations between your solicitor and the third party representative ( insurer or another solicitor ) reach an impasse and it becomes necessary for proceedings to be issued ( legal action to be taken ) to progress your claim to conclusion. It is important to remember that very few injury claims actually end up in the courtroom, but it does sometimes happen and you would be required to attend court to give evidence. Our solicitors will advise you and guide you all the way until your claim is concluded.