Guidance On How To Win A Personal Injury Claim

Following an accident that was caused by a relevant third party breaching a duty of care they owed you, you could be eligible to make a personal injury claim. You may want to receive compensation for the injuries you have suffered and any financial losses these injuries have caused you. How to win a personal injury claim will no doubt be on your mind when considering starting a claim. That’s why we’ve made this short guide on the steps you can take to strengthen your claim.

We’ll cover important topics such as collecting evidence, paying close attention to the time limits and getting support from an experienced personal injury solicitor.

The end of our guide looks at the specific No Win No Fee agreement the expert personal injury solicitors on our panel offer their clients, and how you can benefit from this when starting your claim.

For more information you can see our personal injury compensation FAQ guide. You can also contact our advisory team with questions or to get a free assessment of your eligibility using the details given here:

  • Contact us online by completing this form
  • Call the team on 0333 000 0729.
  • Open the live chat box in the bottom left of your screen.

a personal injury law book stood upright on a desk next to a gavel hammer

Browse Our Guide

  1. How To Win A Personal Injury Claim
  2. Will I Have To Go To Court To Make A Personal Injury Claim?
  3. How Long Do I Have To Make A Compensation Claim?
  4. How Can Our Panel Of No Win No Fee Solicitors Help Me?
  5. More Resources About Claiming Personal Injury Compensation

How To Win A Personal Injury Claim

In the following sections, we explain how to win a personal injury claim. While we cannot guarantee success in all personal injury cases, there are things you can do to give any potential claim the best chance of succeeding.

Make Sure You Report The Incident

Reporting an incident is a key part of claiming compensation. It is important to report accidents as this means there is a formal record of the incident, which is useful as evidence in the claim.

For example, the Reporting of Injuries, Disease and Dangerous Occurrences Regulations (RIDDOR), require certain types of workplace incidents and injuries, including broken bones, loss of consciousness and serious burns to be reported. In certain cases therefore, reporting the incident is not just beneficial for your potential claim but a legal requirement your employer must adhere to. 

Get Medical Help

Seeking professional medical help is of the utmost importance, even if your injuries seem minor. While your health is the primary concern, the medical records from this treatment, such as copies of scans or the results of any tests you have, will be useful for showing the extent of your injuries and what treatments they have required.

Collect Evidence

As well as medical documents and any incident reports that are available to you, in order to give your claim the best chance of success, you should gather as thorough a body of evidence as you can. Some possible examples include:

  • CCTV or other video footage, such as from a dashcam device, of the accident taking place.
  • Witness statements from those who saw the accident.
  • Workplace documents, such as maintenance or training logs, that show these crucial tasks were carried out incorrectly or neglected altogether.
  • Photographs of your injuries, the scene of the accident, or it’s cause.

Gathering evidence is something a solicitor from our expert panel can assist you with. In addition to supporting you with gathering evidence, an experienced legal professional will also ensure your claim is made within the relevant time limit and that all court instructions and deadlines are complied with. 

For more information on how to win a personal injury claim, or to find out how a personal injury expert from our panel of solicitors could help you claim compensation, speak to our advisors using the contact information given above. 

A brown evidence folder on a keyboard

Will I Have To Go To Court To Make A Personal Injury Claim?

Most personal injury claims will not end up going to court. Court proceedings are expensive and time-consuming, so it’s therefore in all parties’ best interest to resolve the claim before that happens.

The personal injury claim process will follow the Pre Action Protocol For Personal Injury Claims. This protocol sets out the steps that need to be followed before a claim can be heard in court. These steps are designed to facilitate a resolution, although if the third party does accept liability, then your claim could end up in the courts.

While our panel of solicitors will endeavour to settle the claim promptly and without the need for a trial, for some claims, this just isn’t possible. Nevertheless our dedicated panel of personal injury experts will support you throughout the claim and keep you well informed of all developments.

To ask any questions about the claims process or to find out more about how to win a personal injury claim, contact our advisory team today using the contact information provided above. 

How Long Do I Have To Make A Compensation Claim?

In most cases you will 3 years from the accident date to begin your personal injury compensation claim as per the Limitation Act 1980. However, there are some circumstances where the standard time may be extended. These are:

  • If the injured person was a child at the time of the accident, then the 3 years are counted from the day they turn 18.
  • The time limit will be frozen altogether for injured persons with reduced mental capacity who cannot pursue the claim themselves.

In these scenarios, the court may appoint a suitable adult to act as the injured person’s litigation friend and pursue the claim on their behalf.

To learn more about the time limits in personal injury claims, or to find out if any exceptions apply in your particular circumstances, contact our advisors today using the contact information given above. 

How Can Our Panel Of No Win No Fee Solicitors Help Me?

Our panel of personal injury experts have years of knowledge in experience in handling a huge variety of different claims. While you are not legally required to use a solicitor to make your claim, having one represent you will be of considerable benefit. You’ll get professional support throughout the claims process with tasks such as issuing the letter of claim, communicating with the defendant’s representatives and ensuring court instructions are followed.

Our panel of solicitors can offer legal services on a No Win No Fee basis with a particular type of contract called a Conditional Fee Agreement (CFA), which provides the following benefits:

  • You will not be charged a fee for the solicitor to begin working on the case.
  • There will also be no fees during the claim itself.
  • Finally, you will not be charged for the work they have provided if the claim is unsuccessful.

You’ll receive personal injury compensation if you win the case. While a CFA protects you from many legal costs, a success fee will be deducted from this compensation in the event of a successful claim. Since success fees are a percentage capped by The Conditional Fee Agreements Order 2013, you will keep most of any compensation you receive. 

To ask our advisors any questions, or for a free assessment of your eligibility, contact our advisory team today using the contact information provided here:

  • Call us on 0333 000 0729.
  • Contact us online by completing this form
  • Open the live chat box in the bottom left of your screen.

A solicitor and their client discussing how to win a personal injury claim in an office

More Resources About Claiming Personal Injury Compensation

You can read some of our personal injury claims guides here:

We have also provided some external resources for additional information:

Thank you for reading our guide on how to win a personal injury claim. For further guidance on the personal injury claims process, or for a free assessment of your eligibility, contact our advisors today using the contact information provided above.