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ذاتی چوٹ کے معاوضے کے دعوے کے لیے مرحلہ وار گائیڈ۔
جائزہ
If you have been injured due to someone else's negligence (road accident, workplace accident, slip and fall, medical negligence), you may be entitled to compensation. Personal injury claims are governed by the law of negligence and the Pre-Action Protocol for Personal Injury Claims. Most claims are funded by conditional fee agreements ('no win, no fee'). The limitation period is 3 years from the date of injury or date of knowledge (Limitation Act 1980, s.11).
مرحلہ وار عمل
Seek Medical Attention and Record Evidence
Get medical treatment and ensure your injuries are documented. Take photographs of injuries, the accident scene, and any hazards. Obtain contact details of witnesses. Report the accident (to your employer if at work, to the police if a road accident).
- Keep all medical records, receipts, and evidence of expenses
- Note the date, time, and circumstances of the accident in detail
- Do not admit fault or sign anything from an insurer without legal advice
Instruct a Solicitor
Find a personal injury solicitor — most offer a free initial assessment and work on a 'no win, no fee' basis (conditional fee agreement). The solicitor will assess the merits of your claim, the likely value, and the best approach.
- Check the solicitor is a member of the Association of Personal Injury Lawyers (APIL) or the Law Society's Personal Injury Panel
- For claims under £5,000 from road traffic accidents, you must use the Official Injury Claim portal
Letter of Claim
Your solicitor sends a detailed letter of claim to the defendant (or their insurer) setting out the facts, the basis of the claim, and the injuries suffered. The defendant has 21 days to acknowledge and 3 months to investigate and respond.
- The Pre-Action Protocol requires early disclosure of documents and medical evidence
- The defendant's insurer may make an early offer — do not accept without legal advice
Medical Evidence
An independent medical expert examines you and prepares a report on your injuries, prognosis, and any ongoing effects. This report is central to valuing your claim.
- Attend all medical appointments and follow treatment recommendations
- The medical report should cover all injuries, not just the most serious
Negotiation and Settlement
Most personal injury claims settle without going to court. Your solicitor will negotiate with the defendant's insurer based on the medical evidence and your financial losses (lost earnings, travel costs, care costs, etc.). If agreement is reached, the claim is settled and compensation is paid.
- Compensation covers 'general damages' (pain and suffering) and 'special damages' (financial losses)
- Do not accept the first offer — it is usually below the true value
Court Proceedings (if necessary)
If settlement cannot be reached, your solicitor issues court proceedings. The claim is allocated to the appropriate track (small claims up to £5,000, fast track up to £25,000, multi-track above £25,000). The case proceeds through disclosure, exchange of evidence, and trial.
- Most cases settle before trial, even after proceedings are issued
- The court can award interim payments before the final hearing
اخراجات
اہم انتباہات
The limitation period is strictly 3 years from the date of injury or date of knowledge. After that, your claim is time-barred (with very limited exceptions).
Be honest about your injuries — surveillance by insurers is common, and exaggerating a claim is fraud.