Alan McDickom | Claims Manager

Your Personal Injury Claim – what will happen?

If you have been injured in an accident, then you are probably going through a worrying time, not just because of the physical pain and suffering you may be enduring, but also due to the additional concerns you may be facing regarding potential lost earnings and the effect of your injury on family members.

One important way to get your life back on track is to find out whether you are due any compensation for the personal injury you have suffered. However, this may seem like a daunting process, and you may not know how to proceed or what to expect should you formally instruct a solicitor to handle your claim.

At Jackson Boyd, we specialise in personal injury law and have the necessary expertise to assist you through the journey of your claim, from beginning to end. To help you get an understanding of what will happen, we have prepared a summary of the likely steps of the journey. This will give you an overview of the service we provide and how we’ll go about securing the compensation you deserve. Should you instruct Jackson Boyd, we will be with you every step of the way, providing you with all the information, advice and support you’ll need.

Step One: Investigating the Claim

When you first get in touch, one of our First Response Team members will speak with you and request all pertinent facts relating to your accident. This will allow us to determine if we can successfully pursue a claim for compensation on your behalf. We will ask you some key questions, including:

  • Where did the accident occur?
  • What were the circumstances of the accident?
  • Is there any independent evidence to support your claim?
  • What was the nature of your injury?

We will consider the individual circumstances of your case and the losses you have sustained. We will require full details of the injuries sustained and will need to know if medical attention was sought.

As a general rule you will have a period of three years from the date of your accident to either settle a claim or raise a court action. However, it is advisable to seek legal advice as soon as possible, while the facts are clear in your mind.

Once we have taken details from you regarding the circumstances of your accident, we will decide whether you have a strong case for compensation. If we think that this is the case, we will then make all necessary liability enquiries to find out who is responsible for your injury and who should pay you compensation.

This will involve collecting all necessary information, including witness statement and other evidence. We will ensure you are updated regularly on our progress during this time. For ease, we will correspond with you by email and telephone.

Step Two: Intimating the Claim

Once we have established likely liability, we will then intimate your claim to the insurers of the responsible party. They are required to acknowledge the claim. They then have a 3-month period to investigate the claim.

We will correspond with all parties associated with your claim including your own Insurers, the Third-Party Insurers and all witnesses.  We will ensure that all parties involved are aware that we represent you. This should ensure that all ‘hassle’ is kept to a minimum.  

  Step Three: Getting Medical Evidence

Once we have investigated liability and are satisfied that we have sufficient evidence to prove your case, we will obtain the medical evidence we need to document your claim for personal injury.  We will require you to attend a consultation with an independent medical expert. The expert will examine you and provide us with a medical report on the nature, extent and impact of your injuries.

Every personal injury claim is different and the nature of your injuries will determine which independent expert we instruct. Depending upon the severity of your injuries we may require the input of more than one expert. A soft tissue injury to the neck or back may warrant the instruction of an orthopaedic specialist. We may also deem it appropriate to arrange a consultation with a psychologist or psychiatrist, if you are suffering anxiety or other psychological symptoms.

Once we are in receipt of your medical report, we will forward this to you for approval.  We will make sure that you are satisfied with the medical evidence we’ve obtained before releasing it to the Third-Party Insurers.  

Step Four: Valuing the Claim

In order to value the claim correctly, we will review current literature, case law, and reference sources.  In order to value your claim correctly, and with a view to maximising your compensation, we will adjust our assessment of your claim to take your specific injuries and circumstances into account (based on the information in your medical report).

You will have suffered losses as a direct result of your injury. However, as already mentioned, you may have suffered other indirect losses as well. For example, you may have suffered a loss of earnings, or your family members may have had to take time off work to look after you. Right from the start of your claim, we will have been collecting evidence to help us value every aspect of your loss. For example, we will ensure we obtain all relevant documents from your employer allowing us to calculate any loss of income stemming from the accident.

Step Five: Obtaining Compensation

Once we have obtained all of the relevant evidence we will forward this to the other party’s insurers and seek a settlement offer. We would expect to receive an offer within five weeks. If, however, we do not receive an offer within a reasonable period of time or if the offer is not within of the expected amount, then we will then consider litigating on your behalf. Please be assured that we will advise you fully as to whether or not you should accept an offer if one is received, or whether you should take matters further.

If you do instruct us to raise a court action in order to improve an offer, we will represent you and ensure that you are kept informed throughout the process. The majority of cases are settled without the need to go to a full court hearing. In the unlikely event that there is a requirement to proceed to an evidential hearing, one of our solicitors will be there to support and represent you.

Jackson Boyd: There for you every step of the way

The journey of a personal injury can appear complex and daunting, but Jackson Boyd will be with you every step of the way. We will be available by phone or in person to help talk you through all developments that occur in your case. Ultimately, our aim is to secure you the compensation you deserve and to make the journey as easy for you as possible. For more information contact us by email or telephone and speak to a member of our specialist team.

Alan McDickom

Alan McDickom

Personal Injury Team

“My work involves dealing with all aspects of RTA Claims with particular attention to personal injury.”

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