Where to go for Advice on Making a Claim for Personal Injury Compensation

If you have been hurt in an accident that wasn’t your fault and think you may have a claim for compensation against whoever was responsible, you may not be sure where you can go to get the best advice and assistance possible.

There are any number of Solicitors, Claims Management and Insurance companies who offer their services to potential personal injury claimants under various terms and conditions, the difficulty lies in choosing the best one to act on your behalf.

It would be wise then to consider the following before making your choice:-

Who will give you the best independent advice?

Personal Injury Solicitors - Many firms of Solicitors specialise in specific areas of law and a Solicitor who is expert in the handling of Personal Injury claims will be up to date with current laws and time limits. By making your own choice of who will handle your claim you are more likely to get the independent advice you need and your best interests protected. Also, most reputable firms charge their fees and other costs to the defendant or their insurers and, if the claim is unsuccessful, will not charge their clients but will absorb any costs that have been incurred.

Claims Management Companies – These companies have marketed their services aggressively, stopped people in the street and knocked on doors. This has led to them being regulated to ensure that they properly advise people of the options that are available to them in pursuing a claim for compensation.

Their staff may have no formal legal training and are therefore only able to negotiate with the defendant party, which weakens the claimant’s position. Some companies may refer claims on to a solicitor of their choice, for a fee, thus removing the opportunity of the claimants to choose for themselves and furthermore, they may charge the claimant for their services or take a percentage of their client’s settlement.

Insurance Companies - Some Insurance companies have adopted a Third Party Capture policy whereby they contact potential claimants who have been in a road traffic accident involving their policy holder. They offer to settle any likely claim before the would-be claimant has had the opportunity to seek independent legal advice from a solicitor and unless the claimant knows what the claim is worth they risk settling for less than they would if they took independent advice.

What is at stake?

Under settlement of the claim, Most people have absolutely no idea what their claim is worth and without advice from an independent source, acting on their behalf, they risk under settling their claim.

Time limits may be missed by anyone not experienced in handling claims of this type. Limitation dates are very strict and if court proceedings are not issued within this time the case may be ‘statute barred’.

Medical opinion may not be obtained from a medical expert. Without this the speed or nature of recovery from the injury is extremely difficult to predict. Claimants may be left with long term problems which disadvantage them in the labour market and in some instances they may not ever be able to return to work. Swift settlement without medical advice being sought may not take into account such eventualities and will therefore not truly reflect the full value of the claim.

Costs incurred as a result of medical treatment, travel to and from hospital or specialists for treatment, cost of care, loss of earnings etc. should be claimed for and paid in addition to any settlement and not included in the compensation paid for the pain and suffering. Claimants should never be left ‘out of pocket’ as a result of an accident.

Finally …

If you believe that your claim has been handled negligently there are Personal Injury Solicitors who have the expertise, and the willingness, to take over your claim or, if necessary sue the firm who were acting for you. However, by making the right choice to begin with claimants can save themselves money and avoid a lot of stress.

If you would like any information on the making of a claim or any related solicitors negligence matter please feel free to contact Macks Solicitors on Freephone 0800 9809 377 or use the Apply Online form and a solicitor will contact you as soon as possible.