Your Guide to Deciding If You’re Ready to Make a Legal Claim
After suffering an injury that wasn’t your fault, or could have been prevented if the right processes were in place, it’s likely that you’ll be feeling a lot of emotions. There may also be facing a lot of practical issues in the aftermath of your injury – so taking legal action might be the last thing on your mind.
In this article we'll explore...
- Common concerns about making a legal claim
- What it means to make a personal injury or medical negligence claim
- Signs that you might want to explore making a legal claim
- What you don’t need to know or have before making an enquiry
- What might be helpful when considering making a claim
- A step-by-step guide to the claims process
- What to expect from your initial conversation with us
- How we’ve supported others that were considering a claim
- How we can support you if you’re considering a claim
- Frequently asked questions
It’s important to know that these feelings of hesitation are completely normal. Many of the people we support have had similar hesitations – some even question whether making a personal injury or medical negligence claim is the right thing to do. If this sounds like you – or if you have concerns about the legal process – you are not alone. It’s ok to feel uncertain, and it’s okay if you don’t have all the answers straight away.
At Fletchers Solicitors, we’re experienced in dealing with all types of personal injury and medical negligence claims. When people come to us after suffering an injury, we support them directly, but also offer support to their wider family and support network. Many have suffered catastrophic and life-changing injuries, and they often need more than just legal support – with the need for more holistic rehabilitation and wellbeing guidance. Our compassionate and empathetic approach is key to making sure every client and their family always feel fully supported throughout the legal process.
Common concerns about making a legal claim
Questioning whether to make a legal claim is natural. Here we’ll address some common concerns which people might have when considering whether to make a legal claim…
Worrying that your injury isn’t serious enough
You might feel that your injury isn’t serious enough to justify making a legal claim. However, harm and injury can be physical, emotional or financial, and it doesn’t need to be significant or ongoing in order to make a claim. It’s also important to remember that some injuries can develop or worsen over time, so it’s always worth seeking legal advice as early as possible. Our experts can assess your situation and determine whether you may have a valid claim. There’s nothing to lose by getting in touch but receiving expert legal guidance at an early stage can make a real difference.
Feeling unsure about the process
It’s completely understandable to feel unsure about the process for making a legal claim. For most people, it will be something which they’ve never experienced before, so not knowing what to expect is entirely normal. However, we follow a structured, step-by-step process, which will be guided by your solicitor right from the outset. Once you get in touch, our team will explain the whole process, making sure you understand what’s involved and give you the opportunity to ask any questions you might have.
Worrying that you don’t have enough evidence
This is a common concern before starting a legal claim, but don’t worry, you’re not expected to have all of the information and evidence to hand. If you do have some initial details or documents, that’s great. But it’s our job to help you gather any additional information and evidence, such as medical records, photos or video footage, witness statements and independent expert reports as part of the claims process.
Fearing the process may be overwhelming
We understand that the thought of starting a legal claim can be overwhelming, especially if you’ve just suffered a traumatic event or a significant injury. You may be worried that the process will be challenging or stressful.Everyone’s experience of the claims process is different, and we appreciate that it may feel difficult at times. However, we aim to make the process as easy and straightforward as possible for every client, right from the very beginning. Our team will be there to guide and support you through every step of the process with compassion, empathy and respect.
Not wanting to cause trouble or being judged
For many people, making a legal claim might feel uncomfortable or unpleasant, and often it will be a very new and unexplored avenue. Some people may feel hesitant because they don’t want to cause trouble, or there may be a fear of judgement from others. Others may be concerned about what repercussions they might face by making a claim, especially if it involves their current employer or GP.
However, the people who do reach out to us are usually in a very difficult situation. Their injury may be causing them ongoing pain, preventing them from going to work or carrying out their day-to-day tasks. Perhaps they may feel that they have lost their independence in some way, or that their quality of life has been considerably reduced. None of these things are insignificant.
“It’s okay if you’re feeling any of these things or if you still have lots of questions at this stage – get in touch and we can help you to understand your options and make an informed decision.”
Michelle Heyes
Director of Serious Injury
What does it mean to make a legal claim?
Legal claims for accidental injury can arise from many different types of incidents, including road traffic accidents, accidents at work, and medical negligence. If you have suffered an injury, and you believe someone else may have been fully or partly responsible for this, you could be eligible to make a legal claim.
During your initial consultation, we’ll explain the stages of the claim when your input may be required, so you know exactly what to expect and you can decide if you feel comfortable with this before moving forward. For example, in the early stages of your claim, we will need you to provide your written consent so that we can request your medical records, and we will usually need to take a witness statement from you as well. In some cases, you might need to attend an appointment with a medical expert, so they can help us to understand the extent of your injuries. When it comes to assessing your financial losses, we might ask you to provide any evidence such as receipts, bank statements or payslips to help us work out how much compensation you might be entitled to.
It’s also important to remember that if you’ve been injured, due to the fault of another person, you’re not causing trouble and you have the right to explore what options might be available. Plus, we only take forward claims where we are more than 51% certain that someone else is fully or partly responsible for our client’s injury.
Put simply, a legal claim involves investigating:
The other party's responsibility
Whether the other party had a ‘duty of care’ towards you. For example, all employers have a duty to ensure the health, safety and well-being of their employees, whilst all medical professionals have a duty to provide their patients with a reasonable standard of care.
Whether there was a breach in duty
Whether the other party breached their duty of care, meaning they failed to provide a safe working environment, or the appropriate medical treatment for example.
Demonstrating that you've been caused harm
Whether you suffered harm or injury, and if so, whether it is more likely than not that your harm or injury was caused, or contributed to, by the breach of duty of care.
The wider impacts on your life
If there is sufficient evidence of these three things, a legal claim will also involve considering how your injury has affected you physically, emotionally and financially, both in the past, present and future. As well as exploring the support and compensation available to you.
Signs that you might want to explore a legal claim
If you’ve suffered harm or injury as a result of someone else’s negligence or wrongful act, it’s completely natural to feel upset, frustrated, or even angry.
As well as physical injuries, many people will also experience psychological injuries, such as anxiety, depression, post traumatic stress disorder, or other trauma-related difficulties. In some cases, the psychological effects can continue long after a person has recovered physically, which is why it’s helpful to seek advice and support, so you can consider your options.
When thinking about making a legal claim, it’s important to consider how the situation has impacted you and your family, both physically, emotionally and financially.
You may wish to consider exploring a legal claim if:
- You have concerns about the actions of another road user, the safety of your working environment or the standard of medical care which you received, prior to your injury.
- You feel that your injury could have been avoided, if different actions had been taken by the other party.
- Your injury has had an effect on your day-to-day life, both in the past and/or present. For example:
- You’re unable to carry out your routine day to day tasks or responsibilities.
- You’re unable to work or having to reduce your normal working hours.
- You’re unable to take part in your usual hobbies or sporting activities.
- You need additional care or assistance from friends and family members or experiencing a loss of independence.
- You’re feeling anxiety, sadness or trauma, as a result of your injuries or the incident itself.
- You have suffered financial losses, as a result of your injury. For example, a loss of income, or additional expenses associated with travelling to and from hospital appointments, prescriptions or medication costs, replacing any items that were damaged in the incident, such as clothing.
Even if you have fully recovered from your injury, or if it only affected your life for a short period of time, your concerns are still valid, and you may want to consider making a claim.
“We understand that behind every claim is a person, and often a whole family, dealing with the consequences of a traumatic and often life-changing event. That’s why compassion and empathy are at the heart of everything we do.”
Michelle Heyes
Director of Serious Injury
What you don’t need to know before making a claim
There are certain things you don’t need to know or have before asking for advice about making a legal claim. These include:
- A complete timeline of events
- Any medical or legal knowledge
- Evidence of the incident, such as photos or video footage
- Copies of your medical records
That’s where we come in. During your initial assessment, we’ll help clarify any key details, including dates and timings. As your case progresses, we’ll build a clear timeline of the events leading up to your injury and gather any extra evidence needed.
As legal experts, it’s our role to guide you through the claims process and ensure you always feel fully prepared for the next steps. You will never be expected to know how it all works or to have an understanding of any medical or legal jargon – and remember you can ask questions at any stage.
What information might be helpful when considering making a claim
If, however, you do have some information readily available during your initial conversation, this can help us to understand what has happened and establish whether you may be eligible to make a legal claim.
Examples of information which may be useful include:
- Dates or a rough timeline of the events leading up to the incident.
- Details of any medical treatment which you have received for your injury.
- Any correspondence or documents related to the incident, such as any letters or emails from your doctor, employer or insurer, any informal complaints correspondence or incident/investigation reports.
However, as we mentioned earlier none of this information or evidence is essential, and you shouldn’t be put off from making an enquiry because you don’t have all of the details to hand straight away.
Our legal team can still provide you with guidance and support, whilst working with you to gather of all of the necessary details and evidence.
Understanding the process of making a legal claim
The process of making a legal claim can be broken down into five stages. Here we provide guidance on what to expect at each stage of the process…
Initial Enquiry and Case Assessment
When you make an initial enquiry, one of our legal team will listen to your story and answer any questions you might have – all calls are strictly confidential, giving you a safe space to discuss your situation and any concerns.
One of our personal injury or medical negligence specialists will then assess your case and give you their honest opinion as to whether you have a potential claim. If we think there are sufficient prospects of your claim being successful, we’ll give you the time to decide whether you want us to start the claims process.
Evidence Gathering and Investigation
If you decide that you want to make a legal claim, we’ll start to gather any information and evidence to support your claim, such as your medical records, witness statements and written reports from medical experts. This will help us to build a clear timeline of the events leading up to your injury, establish whether there is any evidence of negligence and if so, whether this caused or contributed to your injury. We’ll also identify the person(s) who we believe may be responsible for your injury (‘the defendant’). This might be a GP, NHS hospital Trust, your employer or another road user.
Notification of the Claim
If the evidence supports your claim, your solicitor will prepare a formal document which will be sent to the defendant and/or their insurer, notifying them of the claim. This document will include information such as details of the incident, why we believe they are responsible for your injury (‘allegations of negligence’) and how your injury has affected you.
They will then have a certain timeframe, usually 4 months, to carry out their own investigations and provide a formal response, in which they will either admit or deny each of the allegations of negligence.
Estimating Your Compensation
Whilst waiting for their response, your solicitor will usually begin gathering evidence such as receipts, invoices and further expert reports to assess the extent of any financial losses which you have suffered, or are expected to suffer in the future, as a result of your injury. For example, any loss of income, additional medical expenses or damaged property.
This will help us to build a clear picture of how your injury has impacted you, so that we can help you to understand the potential value of your claim and how much compensation we think you may be entitled to.
Settlement Negotiations (or in rare cases, Court Proceedings)
If the defendant admits they were at fault, your solicitor will try to negotiate a final compensation figure, without the need for court proceedings.
However, if the defendant denies they were at fault, it may be necessary to issue formal court proceedings in order to settle your claim. Though, even if court proceedings are issued, there will still be plenty of opportunities for your claim to be resolved outside of court and the majority of cases settle without the need for a trial.
In either scenario, your solicitor will keep you updated at every stage of the process, making sure you always feel fully prepared for the next steps. Once your compensation has been agreed, you will be able to move forward with your life.
What the initial consultation usually involves
When you first get in touch with us, you’ll receive a free initial claims assessment. This will simply involve a conversation; to help us understand your situation, so that you can make an informed decision. This first conversation typically involves us:
Listening to your experience
You’ll have the opportunity to share what happened to you. As mentioned earlier, you don’t need to have all the information, but it can be helpful to make a note of any key details beforehand.
Asking any clarifying questions
Our legal team may ask you some further questions to help them better understand your situation. It’s also your chance to ask any questions that you might have about your potential claim, or the process in general.
Explaining the next steps
Our team will explain what happens next, including how your case will be assessed and when you can expect to hear from us, about whether we think you have a potential claim.
The initial consultation is all about understanding your situation and providing guidance – there’s no pressure to make an immediate decision about making a legal claim.
How Fletchers can support you through your claim
If you’re considering making a personal injury or medical negligence claim, we’re here to listen to your story and support you wherever possible. We can help answer any questions you might have, explain your options clearly, and guide you through every stage of the process.
As one of the UK’s most trusted law firms, it’s our priority to ensure you feel fully informed and supported from your initial enquiry, right through to the resolution of your claim. For a no-obligation conversation, get in touch with us today.
Here is what our clients have had to say their experience...
“From the very beginning everyone I spoke to was friendly, knowledgeable and reassuring. I didn’t know what to expect or how to even begin the process. It was explained in great detail in language I could understand. They have kept me informed throughout without being pushy and taken the worry away from me. I am so glad I chose Fletchers and would definitely recommend them.”
“Everything has been explained clearly starting from my first phone call. I’ve had a lovely lady taking me through all the different stages and has phoned me at least once a month to keep me updated and simply just to check in with me to make sure I’m doing ok.”
Our No Win No Fee agreement
We usually work on a ‘No Win, No Fee’ basis, so you don’t need to worry about the financial risks and you’ll never have to anything upfront. We believe its important that everyone has fair access to justice.
Frequently asked questions
Can I ask a solicitor about my situation without committing to a claim?
Yes, many people seek initial guidance from a solicitor simply to understand what options they might have. There’s absolutely no-obligation to commit to a claim during your initial conversation with us. You can ask our legal experts any questions you might have about your situation before deciding whether you want to make a claim.
What if I’m not sure whether I have a potential claim?
It’s okay to have doubts about what happened to you. Not all personal injury or medical negligence claims are clear from the outset, but that’s what we’re here for. Talking through what happened in your initial consultation can help us to better understand your situation.
Our experts will review your circumstances and assess whether you may be able to make a legal claim for your injury. Get in touch to start the process.
What if my injury happened a while ago?
In the majority of personal injury and medical negligence claims, the time limit for making a legal claim will 3 years from either the: Date of negligence; or Date on which you first became ‘reasonably aware’ that your injury may have been caused, or contributed to, by someone else’s negligence.
Though in cases involving children, or people that don’t have mental capacity, different time limits will apply. If you’re unsure whether you still have time to make a claim, get in touch and we can explain your options.
How long do personal injury and medical negligence claims usually take to resolve?
The length of time it can take for a claim to be resolved depends on various factors such as the complexity of the situation, the nature and the severity of your injuries, whether or not the defendant admits they were at fault and in rare cases, whether your claim has to go to court.
Claims involving serious injuries, such as amputations, spinal and brain injuries, can take a number of years to be resolved. Whereas those involving minor injuries, such as lacerations and fractures, or where it is clear from the outset that the defendant was at fault, may settle in less than 12 to 18 months.
What does “No Win, No Fee” mean?
In simple terms, ‘No Win, No Fee’ is a type of funding agreement, also known as a ‘conditional fee agreement’. This means that:
If your claim is unsuccessful, you will not pay anything.
If your claim is successful, we will try to recover most of our legal fees from the party who was at fault. If there is any shortfall remaining, we will deduct a pre-agreed percentage from your final compensation figure.
Most of our clients will have a ‘No Win, No Fee’ agreement. However, there are a few different funding options available, which we’ll discuss with you at the start of your claim.