A personal injury case is an evidence-based process. The aim is to establish who was legally responsible, what injury was caused and what financial or practical consequences can properly be proved.
Key points
What to know at a glance
- Identify the deadline at the outset
- Preserve liability evidence
- Be candid with medical experts
- Document every recoverable loss
- Do not accept an offer without full advice
Initial assessment and limitation
The solicitor identifies the accident date, parties, legal basis and possible deadline. The early account should cover the circumstances, injury, treatment, employment and any prior relevant condition. A preliminary assessment is not a guarantee of success; evidence may alter the view.
Investigating liability
Evidence may include accident reports, photographs, CCTV, witness statements, maintenance records, risk assessments, police material and correspondence. The defendant may admit liability, deny it or allege contributory negligence. Each disputed issue should be analysed rather than answered with general assertion.
Medical records and expert reports
Clinical records provide history, while an independent expert gives an opinion on diagnosis, causation, prognosis and treatment. More than one discipline may be needed in complex cases. The client should give a complete and accurate history, including prior symptoms and subsequent events.
Financial and practical losses
Claims may include earnings, treatment, travel, care, assistance, equipment and other reasonable expenditure. Future loss requires careful evidence and assumptions. Keep receipts, wage records, benefit information and a sensible record of support received.
Negotiation and offers
An offer should be assessed against liability risk, medical evidence, recoverable losses, litigation cost and the consequences of accepting. Some offers carry procedural cost consequences. Advice should explain both the estimated value and the uncertainty.
Proceedings and settlement
Where agreement cannot be reached, proceedings may be required. Litigation involves pleadings, discovery, evidence, expert updates and possibly trial. Many cases settle before hearing, but preparation should proceed on the basis that disputed issues may need to be proved.
Common questions
Frequently asked questions
How long does a claim take?+
It depends on liability, recovery, expert availability and court procedure. Settling too early may undervalue an uncertain prognosis.
Will I attend a medical examination?+
Usually. The independent expert needs to assess the injury and records.
Can social media affect a claim?+
Yes. Public posts may be reviewed and taken out of context. Do not misrepresent your condition online or in evidence.
Will the case go to court?+
Many claims settle, but a case must be prepared properly in case a hearing is required.
Primary legal sources
Legislation and official guidance
These sources are provided for transparency. Legislation may be amended or commenced in stages, and reading the statutory text is not a substitute for advice.