What are the Stages of a Personal Injury Claim?

Accidents sometimes happen so fast that you have little time to think of the right course of action. Many people make mistakes after an accident and lose their claim against the other party. When involved in a road accident, take photos of the scene, exchange contacts, and then seek medical attention immediately. Do not wait for several days to report the case or seek medical attention. Here are the exact stages personal injury claims go through.

Pre-action Protocols

A good personal injury lawyer will begin investigations immediately after the accident. The initial investigations help the law firm to prepare a letter of claim. The lawyer sends the letter to the defendant, which contains details of the accident and your medical status. The defendant may respond directly or request a solicitor to respond. The defendant should acknowledge the letter within three weeks and share it with the insurer. An additional grace period of three months is granted for the defendant to invest the claims and accept or deny responsibility.

Gathering Evidence

Your personal injury solicitor will gather evidence to show the court that indeed the defendant was at fault. The evidence, in this case, includes medical evidence to show that you suffered injuries from the accidents. Medical reports and photographs of your injuries will act as evidence. Hence, you need to keep all the receipts and notes from your doctor. The lawyer will also interview any witnesses who were the scene. Remember that the scene could be your workplace and hence your workmates should give an accurate account of the incident.


Lawyers give their clients time to settle a matter out of court through guided negotiations. Your lawyer will invite the defendant for such negotiations with all the evidence. The lawyer will propose a figure and give the defendant at least 21 days to respond to it. If both parties cannot agree on a settlement, the matter proceeds to court.

Most law firms, one example being Roper James Solicitors who are highly recommended as they specifically take on workplace injury claims, try their best to help parties settle the case out of court. The court proceedings may drag on for months or even over a year depending on details of the case.

Court Proceedings

The court proceedings will be either fast-tracked or multi-tracked, depending on the claim. For claims under £25,000, the case proceeds through fast track and its trail may be within a day. If the claim is above that amount, the case goes through multi-track. Its trail will take more than a day. The court proceedings may be brief even under multi-track if your lawyer presents convincing evidence and arguments to the insurer. Most insurers will move to settle cases with strong evidence to avoid paying unnecessary legal fees.


You have no control over when and how a personal injury occurs, but you have control over your response. As you practice safe driving and eliminate hazards in your environment, get knowledge on how to file a personal injury claim. The process is easy and smooth if you hire a good lawyer immediately after the accident or incident.