If you think you have a personal injury claim - we can help.

Read our free legal guide below to better understand your position.

If you think you have a claim and would like to speak to an expert today please contact Friends Legal free on 01252354412.

For further information about Friends Legal and why they're our trusted partner, scroll down.

Get help today, call 01252354412 or fill out the form below.


Please let us know your name.

Please let us know your email address.

Invalid Input

Please tick the box below


Invalid Input



Personal Injury Claims in Manchester - The Complete Guide

Please read our Manchester personal injury lawyers' complete guide to making a personal injury claim below and watch the videos. If you think you might have an accident claim in Manchester, or require some more free advice relating to a potential claim, we can help you on a no-win no-fee basis. Simply call free on 01252 354 412

 

What will this accident claims Manchester guide cover?

Injuries sustained as a result of an accident can be life changing. They can affect your quality of life, your ability to work and your financial stability. That is why it is so important that you are adequately compensated for your loss.

But, where do you begin? Most people who think they have a personal injury claim do not know the process, what is required of them or even if they really have a claim.

This guide is designed to answer any questions you may have in relation to making a personal injury claim in Manchester or elsewhere in the UK. It is focussed on helping you understand whether you have a claim, how to go about making a claim and how your claim will progress

What information do I need to make a personal injury claim in Manchester?

In order to make your case and raise an action in the Manchester courts, your personal injury solicitor will require the following information from you:

  • The date the accident happened
  • When the accident happened
  • Where the accident happened
  • How the accident happened
  • The contact details of any witnesses to the accident
  • The details of your injuries including any medical diagnosis or any treatment received. You should retain any evidence of this.
  • Whether you are a member of a trade union. This may mean that you can receive free or reduced cost legal representation.

Furthermore your solicitor may also ask you for:

  • Proof of your loss of earnings and any other expenses that are a result of your injury.
  • Any documents relating to insurance policies you may have (household insurance, motor insurance etc.). These may cover your legal costs for your claim.
  • Any other documents that may support your claim. This could be any evidence of similar accidents arising in the same circumstances or evidence of failings to ensure a duty of care towards you.

Even if you are lacking some of this information you may still be able to make a claim. Your solicitor will advise you of what is needed specifically in your case.

Do I need a Manchester personal injury lawyer to make a claim?

You may feel like your accident was so clear cut that making a claim will be very straightforward to file and easy to win. However, personal injury cases can be complicated by a multi-tude of factors and when you begin a claim without legal representation you may soon find a number of obstacles getting in your way.

A personal injury can be life changing and a compensation award can make all the difference. Compensation awards cover many aspects of loss from loss of earning to pain and suffering, medical expenses and decline in quality of life. Arguing for each of these factors can be challenging, especially if you do not have a thorough grasp of the law in this area and familiarity with previous cases.

Need more advice? Call free on 01252 354 412

A specialist personal injury in Manchester can ensure you receive the maximum compensation due to you – it's their profession. Does your lawyer need to be based in Manchester? No, but local knowledge of the courts and easier access to local Manchester legal advice can really help.

Furthermore, your claim may involve complex legal issues you had never thought of meaning it is difficult to argue, or something you may miss which could get you a greater amount of compensation. It is absolutely essential you have legal advice from the outset if your claim falls into the following categories:

Severe injuries – This could be brain injuries, spinal injuries or another injury in which you suffer significant reduced capacity.

Long Term or Permanent Injuries – Where you are likely to be injured for a long period of time, indefinitely or the damage is irreparable.

Medical Malpractice – Where your injury is caused by careless or negligent medical treatment.

These cases are particularly serious and complex and thus it is essential you seek professional advice.

In addition, insurance companies fundamentally do not want to pay out to you regardless of whether you are due compensation. A personal injury solicitor will have great experience in dealing with unwilling insurance companies and can ensure you receive the compensation you deserve.

Sometimes, even having a solicitor will be enough to make an insurance company offer you a fair amount of compensation rather than face a trial they are likely to lose.

What is No Win No Fee and should I be interested?

No win, no fee is just as it sounds. If the solicitor decides to take on your case, you will not pay them any fee unless they win the case for you. You will enter into what is known as a 'conditional fee agreement' with the solicitor that will set out the terms of the agreement. You will normally pay the solicitor a percentage of your compensation claim and potentially any court costs, however this will be negotiated with your solicitor and set out in your conditional fee agreement.

The main benefit of no win no fee is that it allows you to make your claim without any upfront cost. Furthermore, most firms offer free consultations. At this consultation meeting the solicitor will ask questions about your claim to asses whether your cases has a good prospect of success. The solicitor will only take your case if they think they can win – otherwise they don't get paid. This is beneficial as it means you are not wasting your time or money on a claim that will in the end be unsuccessful. With no win, no fee you can be confident from the outset that your lawyer is looking to get you as much compensation as possible.

What should I look for in a good Personal Injury Lawyer?

First and foremost, you should look for your solicitor to be a specialist in the area of your claim. If you are in a road accident or have a case for medical negligence for example you should look for lawyers who are specialists in these areas. Experience in dealing with cases similar to yours is essential and can make all the difference when it comes to making your claim.

NEED MORE ADVICE? CALL FREE ON 01252 354 412

You should also check out the track record of your lawyer, if they have a lot of experience in your type of claim they will be better placed to create a good strategy for your claim, advise you of how long different aspects of the case will take and give you an indication of the likely outcome.

Furthermore you should look for a lawyer who is adequately qualified and upfront about payment. If possible you should look for the kitemark of Apil (the Association of Personal Injury Lawyers) - a highly reputable national organisation of personal injury lawyers. Apil lawyers follow a code of practice and are kept well up to date with developments in their practice area.

It is also important to consider how you will fund your case. Many lawyers will work on a no win, no fee basis. This means you will pay no fees unless the lawyer wins your case for you. This can be useful as you will have no upfront costs to pay.

How will my accident claim progress?

The first step in your personal injury claim will be a letter sent from your solicitor to the person you are holding responsible for your accident (the defendant). This letter will set out the details of your injury and the circumstances under which you were injured – including why you are holding the defendant responsible.

The defendant must reply to this letter within a certain amount of time, usually three months. Usually the reply will be much quicker. In their reply the defendant must state whether they accept or deny responsibility for your claim.

NEED MORE ADVICE? CALL FREE ON 01252 354 412

If the defendant accepts liability, they will usually settle your claim out of court.

Your solicitor will tell you what they think the value of your claim is and ask you what you are willing to accept and whether you would like to make an offer to settle (known as a part 36 offer). They will also explain what making this kind of offer will mean for you.

If the defendant responds reasonably and a settlement amount can be agreed, your claim will not need to progress to a court hearing.

However, if you are unable to agree an amount with the defendant your solicitor will advise you whether or not to take court action.

If the defendant claims they are not liable for your injury, your solicitor can also assist you in challenging this in court and making a compensation claim.

Will I need to go to Court?

It is uncommon for personal injury claims to proceed to court as this leads to an increase in costs. Normally personal injury claims are settled outside of court for an agreed amount.

If there is no dispute about liability and severity of injuries, an insurance company would much rather settle out of court.

However, in very serious cases where there is a dispute, you may have to attend court. Your solicitor will talk you through the court process and ensure you are confortable with taking legal action.

How much will my compensation claim be worth??

It is difficult to assess how much a compensation claim could be worth. There are many facets to a personal injury claim and each is assessed in light of the specific circumstances.

However, you can have an idea of the types of things you can claim for.

You can claim for:

  • The pain and suffering caused by the injury
  • Any mental injury caused by the accident
  • 'Loss of amenity' – this is any reduction in your quality of life as a result of your injury. This could be that you are unable to participate in your hobbies anymore or are unable to carry out certain everyday activities.
  • Medical costs.
  • The cost to loved ones of providing care to you as a result of your injury
  • Any costs incurred in adapting your hope to cater for your injury
  • Any other expenses such as additional insurance or travel expenses
  • Loss of earnings – this includes loss of potential and future earnings if you are no longer able to work, or work full-time.

When am I likely to get paid?

Once you have accepted an offer of settlement, you will usually receive your compensation within 14-28 days. This timeframe is however only a general guide and there may be factors that affect this time scale.

Factors affecting timing of payment are:

Whether settlement was reached out of court – Your solicitor will usually try to ensure you receive your compensation as soon as possible, usually faster than 14 days. However, this depends on the defendant. If the compensation is not forthcoming it may be that proceedings are required to enforce the payment.

Court settlement – If your personal injury claim is settled as a result of a court hearing in the Manchester courts, the court order will state when payment is due. Usually, this will be 21 days from the date the order is made. If payment is not made on this date, your lawyer can enforce the order through further court proceedings.

Some insurance companies however will send the compensation as soon as they receive the court order, this means you could receive your money within as little as 5 days.

You should ensure you solicitor has your bank details so they can make a BACS transfer to you when they receive the compensation. Otherwise you will receive a settlement cheque in the post that could further delay receipt of your compensation.

If you think you need more advice please call 01252 354 412
Like this? Why not share.

Jurisdiction

England & Wales

Last Updated

Tuesday, 05 January 2016

Categories

Personal Injury

Share