Personal injury claims process
Making a claim can seem like a daunting and intimidating process, but at Blake Morgan Injury Group we make it as easy and as hassle-free for you as possible.
We have experts in a wide range of personal injury compensation claims, so we can always give you the best possible advice whatever your situation is. We have the experience to get you the best financial compensation and physical support to help cover lost earnings, medical expenses and rehabilitation.
Each claim begins with a friendly one-to-one discussion with a personal injury expert about whether you may be entitled to compensation. You tell us what happened, we listen and then advise you on your claim and explain how we will process your claim.
Our team will always put you at ease and reassure you that making a claim need not be as stressful a process as you may have imagined.
Please note: Legal action must begin within three years of the date that you sustained your personal injury, or the date on which you had knowledge that you had been injured.
If you decide to make a claim, we will send you some paperwork that we can help you with completing if necessary. This gives us permission to start pursuing your claim.
Contacting the Defendant
We write to the defendant or their insurers, with the details of your claim, including injuries suffered and any financial losses and why we consider them to be at fault. If appropriate, we will also ask them to consider rehabilitation and agree to fund treatment.
The Defendant has 21 days to acknowledge our letter and then up to a further 3 months to investigate the case. During this time we contact any witnesses to obtain supporting statements, apply for your medical records, instruct a medical expert and prepare a schedule setting out your financial losses. You don't need to do anything, just leave it all to us.
Liability and disclosure
If we are making a claim in England or Wales, once the Defendants have investigated your claim they must inform you if liability is admitted or the allegations are denied. If liability is admitted, we then gather the evidence we need to value your claim and ask for a reasonable compensation award. If the Defendant accepts our claim, we can settle the case out of court. If they don't, we instruct a barrister on your behalf and arrange a Court date where a Judge will determine the size of your award.
If the Defendant denies liability for the allegations made against them, they must explain why and show us all the evidence they intend to rely on to support that denial. We then reassess our claim and if we are satisfied that the prospects remain strong, we may involve a barrister or instruct a new expert and try to negotiate a settlement with the Defendant. If they reject our offer, we can take the Defendant to Court and ask a Judge to determine who was to blame and if (and how much) compensation should be awarded.
Settlement and Court proceedings
Fortunately, most cases settle without going to court. We will keep you informed at all times about how your case is progressing, using jargon-free language that is clear and easy to understand.
For further information on the claims process, please see our guides: