In a time when the media complains of a “compensation culture” affecting Britain, individuals suffering a personal injury are sometimes hesitant to consult a personal injury solicitor. However if you have had an accident injury you may be entitled to compensation for the pain, suffering and financial loss that you have experienced. Making a successful claim can be complicated and it is very important to talk to an accredited personal injury solicitor about your options. In the article, leading accident solicitors discuss the way forward.

 

What to look for in a personal injury solicitor

Ruth Booy of personal injury law firm Kester Cunningham John emphasies the importance of seeking out a solicitor who specialises in injuries claims rather than simply visiting an high street solicitor.

Accident law firms exist in every locality, making your search for a solicitor easy, says personal accident solicitor Kelvin Farmaner (left) of Foot Anstey. Booy advises personal accident victims to use a solicitor who has expertise in the specific type of injury experienced. Ask your  solicitor at your consultation whether the law firm has taken on a similar injury claim recently and what the outcome was, she says.  

Good quality personal injury solicitors can be recognised by accreditation by either the Law Society Personal Injury Panel or the Association of Personal Injury solicitors

 

How you can help your personal injury solicitor

Personal injury claims are dependent on evidence so you must be prepared to prove how your accident took place. Booy says it is vital that injury clients visit their GP to get medical proof. For more severe injuries such as a broken bone there will normally be a hospital report.  Personal accident victims with a soft tissue injury such as whiplash often make the mistake of simply taking painkillers and failing to consult a doctor, making it difficult to compile evidence, Booy points out.

As a motor accident solicitor, Farmaner emphasies the importance of police attending the scene so that a report of the personal injury can be recorded. He says that when an accident book is available an injury solicitor’s job is easier if the accident has been recorded. Richard Dugdale of personal injury solicitors William Sturges recommends keeping a diary to note the development of your injury.

To get an accurate level of compensation Dugdale also advises that personal accident victims keep receipts for any costs. It is also helpful if you can provide your solicitor with a record of how much time you have taken off work as well as pre-accident and post-accident pay slips to evaluate the difference your injury has made.

 

What your personal injury solicitor should tell you

It is important that personal accident victims give their personal injury solicitor an accurate account of the facts so that they can get a good idea of the merits of their case. Your injury solicitor should then give you a judgement of your accident claim based on its economic viability, dictated by balancing the costs against the likelihood of winning.

One personal injury solicitor warns that “Some cases are expensive to run and there are specific cost issues for relatively small claims.”  Instead of issuing court proceedings for such injuries claims he says your solicitor may think it better to “write a letter of claim or engage with the insurance company.” He estimates that 90% of his personal injury cases are settled before court.

How you can pay for your personal injury solicitor

Despite the common condemnation of a compensation culture,  Ruth Booy says that in fact “British people are quite hesitant to sue people.” People often doubt whether their personal injury is worthy of compensation and worry about the cost of consulting an accidents solicitor. However it is normally worth checking and Ms Booy observes that many personal injury solicitors will provide a free consultation.

Your personal injury solicitor should also be able to offer a conditional fee agreement (commonly known as ‘no win, no fee’). If you lose, your case will not have to pay your personal injury solicitor and if you win the other side will normally pay them. If you lose under your personal injury claim such terms, you may have to pay for the other side’s solicitor. However, insurance can be taken out to cover such an eventuality.

Personal injury solicitor David Urpeth (right), of Irwin Mitchell, also suggests other means of paying for your personal injury solicitor. Although warning that legal aid is mostly unavailable for personal injury claims now, he says it can be an option for medical accidents. He also says trade union funding is worth enquiring into and that his clients often use legal expense insurance available, for instance, through an household insurance policy.

Personal injury solicitors do advise against funding a claim yourself however, especially through a bank loan. Urpeth states a preference for ‘no win, no fee’ payments since “litigation can be phenomenally expensive” and it ensures that your personal injury solicitor only takes on your case if it is strong.

Click here to read ‘Personal Injury Law – Are you entitled to £4.5 million?

What types of claims are personal injury solicitors working on?