Making a Personal Injury Claim
Knowing where to start when making a personal injury claim can be daunting, but at Rotheras our personal injury team can guide you through the process of making a personal injury claim from start to finish, so you know exactly what is involved.
Report your accident and gather information – As soon as you have had an accident, report it to whoever you think was responsible (for example, if the accident took place on public premises, such as a hair salon, or restaurant, report it to the occupier, or owner). This way, there will be an official record of your accident, including the date and time it took place and the name of who might be responsible. Also try and gather what information and evidence you can from the scene of the accident, including photographs of where the accident took place and your resulting injuries, and the contact details of any witnesses who saw the accident.
Contact our personal injury team – At Rotheras, a dedicated member of our team will take the time to discuss your accident with you, including the injuries you have sustained and the extent of those injuries, where and when the accident took place, who you believe is at fault, details of any witnesses and any treatment, or support you have received since the accident. If you decide to instruct us, you will be assigned a dedicated member of the team who specialises in the type of accident that you have sustained and you will be given their direct contact details so that you can stay updated on the progress of your claim.
Assessing the evidence -We will collate the information and evidence that you have gathered in relation to your injury, as well as carry out our own investigations. This includes liaising with the party you believe is responsible for your accident or if this is not known, we will carry out our own inquiries to try to establish who is at fault in order to find out if they accept responsibility for causing the accident.
Calculating compensation – We will instruct an independent medical expert to examine you and prepare a medical report addressing the nature and extent of your injuries, including the impact the injury has had on your life, not just now, but also in the future. The report will also set out any treatment recommendations and the likely costs involved on a private fee paying basis. We will then use this report to value how much your claim may be worth.
Interim payments – In some circumstances, such as where injuries are particularly serious and you require additional care and medical treatment, we may be able to arrange interim payments which you will receive in advance of your final settlement, so that you feel confident that you can cover the cost of any additional medical expenses, as well as daily costs such as household bills.
Extra support/rehabilitation – If you have suffered serious injury, we can ask the party at fault to arrange and or pay for an Initial Needs Assessment (INA), which will address any treatment and equipment needs at an early stage, which will hopefully help expedite and maximise your recovery.
Final settlement – In most cases, the amount of compensation is settled out of court. Unfortunately, in some situations the other side either does not accept responsibility, or an agreement cannot be reached with them in terms of the amount of compensation you are entitled to. If this happens, then your case could go to court. If your case goes to Court, we will work with a Barrister to represent your interests and we will be with you throughout every step to provide advice and guidance.
Outcome of your case – We generally act for clients on a ‘no win, no fee’ basis. This means that if we win your case, we will charge you a success fee from your compensation. The success fee is calculated on the basis of a 100% uplift on our basic legal costs, capped at 25% of the value of your claim for pain and suffering and past losses. We cannot say what the success fee will be from the outset of your case, as this will depend on how much work is involved and also how much your case is worth. However, rest assured that the success fee cannot be anymore than 25% of your compensation. If you lose your claim, then there will be no charge to you for the work we have done on your case. All we ask is that you co-operate with us and do not mislead us.
It is also important to understand, that at the start of your case, or at some later point, we may advise you to instruct us to take out an insurance policy. This After The Event Insurance (ATEI) policy protects you from paying the other side’s legal costs, as well as your own disbursements, such as court fees, or medical experts’ fees etc, if you lose your case. If you win your case, this ATEI premium is deducted from your compensation. If you lose your case, you do not pay the premium.
Posted 27 January 2020
This was my first experience using a solicitor, something I felt quite daunted about. Rothera Sharp (Greg and Petra) put me at ease and were very helpful.
Posted 27 January 2020
Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rothera Sharp. From start to finish, my claim has been dealt with efficiently and professionally, and I have always felt my best interests were considered. All communications were made via letter or email to inform me of all further updates. My claim has now come to an end and I am very happy with the overall outcome. I would recommend Rothera Sharp for their service.
Posted 4 February 2020
We cannot recommend Chris Powell of Rothera Sharp more highly. Mr Powell demonstrated the upmost professionalism with a high level of knowledge of the area for which he was representing us. Anyone needing representation/advice regarding the area of haulage will find that Chris Powell and Rothera Sharp are the best choice.
Posted 4 February 2020
Claim dealt with efficiently and to a satisfactory conclusion. Wayne Vickers visited me at home initially and explained everything thoroughly. Professional service throughout. Recommended
Rebecca Emeleus is Talent & Resourcing Partner and Head of the Personal Injury department at Rotheras. Rebecca has over 22 years’ experience of Personal Injury cases of all types including catastrophic injuries, aviation accidents and general aviation litigation.
Elisabeth Halls has specialised in Personal Injury claims for over 30 years and has wide experience in the sector. She deals with cases of maximum severity and has special experience in head injury claims. Elisabeth also handles all other injury claims as well as MIB and CICA cases.
Greg qualified as a solicitor in 2006 and has specialised in Personal Injury for more than 14 years. He acts for clients who have suffered life changing injuries. He specialises in cosmetic and clinical negligence claims.
Vicki takes on a wide range of personal injury cases including road traffic accidents, slips, trips and falls and accidents at work.
Lindsey is a Chartered Legal Executive in the Personal Injury department at Rotheras and is based at our Lace Market Office.
Rebecca is a Senior Paralegal in the Personal Injury department at Rotheras and is based at our Lace Market Office
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