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Personal Injury Claims - Our Most Frequently Asked Questions

View profile for Amber Vincent
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1. When could I claim for personal injury?

A personal injury claim arises when you have been injured due to someone else’s negligence. Common examples include:

  • Road traffic accidents
  • Injuries at work
  • Slips, trips, and falls

2. How long do I have to make a claim?

If you do not start the claim with the Court by the legal deadline Under the Limitation Act 1980, you cannot bring the claim, you generally have 3 years from:

  • The date of the accident, or
  • The date you became aware of the negligence

Exceptions apply (e.g., children or people lacking mental capacity)

3. Do I need a solicitor?

You’re not legally required to use one, but most people do, because a solicitor:

  • If familiar with the law, procedures and timescales
  • Knows what evidence is required to prove your claim what to do to get the maximum amount of compensation that you can claim.
  • Can advise you on what to claim, often people who represent themselves are not aware of the full extent what they can claim for
  • Can secure early rehabilitation for you
  • Negotiates with insurers and solicitors to maximise the compensation payable to you
  • Will prepare for trial and instruct a barrister to represent you

4. What evidence do I need?

It is for the claiming party to prove their case and therefore evidence is important and may include:

  • Photos of injuries
  • Photos of the accident location and/or defect, including measurements  
  • Witness statements
  • Accident reports
  • CCTV

5. Can I still claim if the accident was partly my fault?

Yes, but if you are partly to blame the Court may find what is called contributory negligence.

  • You can still claim but the Court may apply a deduction to the compensation awarded. If there is a finding of contributory negligence, your compensation may be reduced based on your share of responsibility

6. How much compensation will I get?

This varies case by case, and is impacted by:

  • The severity and duration of the injury/injuries (physical and psychological)
  • What financial losses you have incurred or might face in the future as a result of the accident (loss of earnings/income, travel, medication costs, care and assistance)

7. What are interim payments?

These are advance payments on your compensation before the case settles, often used for:

  • Medical treatment
  • Lost income
  • Rehabilitation costs

8. How long does a claim take?

  • Most cases take 1-3 years
  • More complex cases can take longer
  • Claims typically take longer when liability and medical evidence is disputed

9. How do I pay for a claim?

  • Most firms offer a Conditional Fee Agreement where payment of your legal costs is deferred to the end of the claim and claimed from your opponent
  • You may have existing funding for a claim via an insurance policy

10. Will I have to go to court?

Most claims settle without the need to attend trial, but you may be required to attend if liability is disputed and/or settlement cannot be agreed

11. Why should you instruct John Hodge Solicitors

It is important to have access to your solicitor, to be able to speak directly to them and meet face to face. With a close relationship between solicitors and client and face to face meetings:

  • The procedures and evidence can be clearly explained and discussed
  • Any concerns in relation to your treatment recovery and losses can be fully investigated
  • Through discussions and meetings our personal injury expert solicitors can address fully the full extent of the impact of your injuries and the losses suffered, the impact on your future and ensure that you are properly compensated for how the accident may affect your future.
  • You know that you have the full support of your legal team through the claim process, and you know who your legal team are
  • Maximise your chances of winning at trial where fault for the accident tis disputed or the cause of injuries is disputed

Often injured people may find that dealing with a personal injury claim through an electronic portal can leave them unsupported through the claim process and lead to some parts of the compensation not being claimed because there is not close and clear communication with their solicitor.

Our personal injury solicitors are experts in their field with a strong success rate with settlements and at trial especially where someone has serious injuries or catastrophic injuries.

Next Steps: Get in touch

If you would like to discuss your Personal Injury matter then please don’t hesitate to reach out to our team of legal experts at John Hodge Solicitors, conveniently located throughout the South West, with offices in Bridgwater, Bristol, Clevedon, Wedmore, Weston-super-Mare, and Yatton.

You can contact us either:

Contact our experts for further advice

Personal Injury Claims - Our Most Frequently Asked Questions

View profile for Amber Vincent
  • Posted
  • Author

Contact our experts for further advice