Why choosing the right solicitor matters for your injury claim

If you or a loved one have suffered an injury or illness due to someone else's fault, you may be thinking about making a compensation claim through a personal injury solicitor.

With thousands of solicitors' firms throughout the UK, should you simply choose the nearest one? Or could looking further afield improve your chances of a better outcome and higher compensation?

Understanding the role of a personal injury solicitor

A personal injury solicitor guides you through the claims process, builds your case, gathers evidence, and represents you in negotiations or sometimes in court. They ensure your rights are protected while offering tailored legal advice, from assessing your claim's validity to negotiating the best possible compensation settlement.

They also handle all communication with insurers, medical experts, and the defendant's legal team to present the strongest case possible.

Experience and expertise

Not all personal injury solicitors are the same.

A key factor in choosing the right solicitor is their experience and expertise in specific areas, such as employer liability, road accidents, public liability, and clinical negligence. The right solicitor will be familiar with your type of injury and will have handled similar claims before.

For example, if you've had a workplace injury, a solicitor experienced in employment-related claims will be better suited to your case than a general solicitor. Even within workplace injuries, cases vary p handling an industrial disease claim from long-term exposure is very different from managing a claim for a wrist fracture from a fall.

A skilled solicitor will know what evidence to gather, which experts to involve, and how to build the strongest case. They’ll also anticipate tactics from insurers aimed at devaluing your claim or denying liability and know how to counter them effectively.

Negotiation skills and maximising your compensation

Negotiations are key in most injury claims, with insurance companies often aiming to settle quickly for the lowest amount. A skilled solicitor uses effective negotiation to ensure you receive full compensation, considering long-term impacts such as medical care, lost earnings, and emotional distress.

Strong negotiation prevents you from under-settling your claim. In many cases, a solicitor can avoid court by securing a fair settlement. If an agreement cannot be reached, they will be ready to escalate the case and represent you in court.

Read more:

How often do injury claims go to court and what happens when they do?

Legal representation in court

Although 98% of personal injury claims settle out of court, some do go to trial. In those cases, a solicitor with strong courtroom advocacy will present a robust case, supported by solid evidence.

Courtroom experience is crucial for navigating legal procedures and countering the defendant's arguments. A solicitor who regularly handles trials will have the confidence and knowledge to argue effectively, challenge attempts to undermine your claim, and apply relevant legal precedents.

Choosing a solicitor with a solid litigation background improves your chances of securing the compensation you deserve if your case goes to court.

Do I need to find a local solicitor?

No. No matter where your personal injury solicitor is based, your claim will be handled by phone, email, video conference and post. It will not be necessary for you to attend a solicitor’s office to make a claim.

As part of the process you will usually need to attend a medical assessment to support your claim. The medical will be arranged with a local doctor or medical expert. The medical professional will then forward their report to your solicitor.

Read more:

Do I need a local solicitor?

Will I get the same outcome, regardless of which lawyer I choose?

Not necessarily. In theory, your claim’s chance of success and the level of injury compensation you will get should depend on the facts of your case, not on your lawyer.

In practice, however, the claim success rate between different lawyers can vary, particularly if liability is disputed and a claim goes to court.

Every year, we help thousands of claimants get the right legal advice

Quittance connects you with hundreds of specialist personal injury solicitors, each experienced in specific areas of injury law. We ensure your case is matched with a solicitor who has the right expertise for your type of injury, improving your chances of success.

By pairing you with a solicitor familiar with cases like yours, we help secure the maximum compensation you deserve, as quickly as possible.

FAQs

Are some solicitors more likely to win my case?

Due to No Win, No Fee agreements, most lawyers will only take a case if they’re confident they can win. If a lawyer has doubts about your claim’s chances, they’ll tell you upfront.

Choosing the wrong solicitor could mean losing a winnable case, but more often leads to under-settling and receiving less compensation.

Will some solicitors get me more compensation?

Sometimes, yes. In addition to claiming ‘general damages’ for your injury, you can also claim ‘special damages’ for all the costs and expenses you have incurred as a result of your accident and injury.

An experienced, specialist lawyer will ensure that you receive the full compensation you are entitled to claim for, including some special damages that a generalist lawyer may miss. Gratuitous care and diminution of value are two examples.

However, less compensation may not always be worse if it means the claim is settled much faster, and particularly if you need the compensation urgently to fund ongoing care, treatment or living costs. You should discuss your needs with your solicitor from the outset, so they can take the appropriate course of action when negotiating your compensation.

Are some solicitors faster?

Yes, but a faster result isn’t always better. If your lawyer quickly negotiates a compensation amount with the defendant’s insurance company, that outcome may be better for you if you need the money urgently.

The risk of accepting an early settlement if your symptoms are ongoing is that you don’t receive enough compensation if your injuries take longer to heal than planned, or worsen. You cannot claim more compensation later. If you do get an early offer, your solicitor should discuss the pros and cons of accepting the offer with you.

More generally, you should avoid firms who insist on sending letters and paper copies of everything by post. This ‘traditional’ approach can add weeks of unnecessary delay to the claims process.

Do all injury lawyers offer the same level of service?

Solicitors must adhere to strict regulations regarding the legal advice and services that they provide to clients. They also follow a code of conduct that requires them to act honourably and with integrity.

That said, service levels can vary considerably between firms. Some solicitors are very efficient, but may be hard to contact at times. Some firms use email and online document signing, whereas other solicitors take the slower approach of sending out hard copies of documents by post.

A poor first impression of a prospective firm’s approach to speed and customer service may be an omen of what’s to come.

Should I use my insurance company’s recommended solicitor?

If your insurer recommends a solicitor, you do not have to use them. With No Win, No Fee, there will be no additional cost to you if you choose an independent law firm yourself.

The claims process can take months to complete. You should choose an independent lawyer that you are comfortable discussing financial, health and legal matters with, rather than having that choice made for you.

Choosing an independent solicitor also avoids the risk of there being a conflict of interest.

Read more:

Should I use the insurer's recommended solicitor?

Do I need to choose a specialist personal injury law firm?

it is not necessary to choose a firm that specialises solely in personal injury. You should, however, check that the individual solicitor specialises in your specific type of claim.

Some solicitors will ‘turn their hand to anything’ - e.g. a road accident claim solicitor taking on an accident at work claim. These generalists are unlikely to have the level of expertise required to deliver the best result, particularly for higher-value and complex injury claims.

Look for a solicitor with a proven track record in your specific type of claim. If you are working with a CMC, ask them why they have recommended a specific solicitor.

Do all lawyers offer the same No win no fee terms?

No, terms do vary from firm to firm. Unless you have existing legal insurance in place, you will probably fund your case with a no win no fee agreement known as a Conditional Fee Agreement (CFA) or 'CFA'.

A CFA is essentially the terms and conditions under which the solicitor will act for you.

You should, therefore, check the small print before signing anything. You could ask for a specimen CFA right from the outset and ask the solicitor to go through it with you.

Read more:

How does No Win, No Fee work?

Do success fees vary between lawyers?

Possibly. Under a no win no fee agreement, the solicitor will almost always charge a success fee if the claim is successful.

The law restricts success fees to a maximum of 25%, but the solicitor may charge less. Be upfront and ask what the success fee will be if they win your claim.

Read more:

Why do most solicitors charge 25% success fees?

What do I do if my choice of injury lawyer rejects my claim?

If your preferred firm cannot take on your claim, you should get a second opinion. There are several reasons why a solicitor may reject a claim that have little to do with whether or not the claim has a good chance of success.

Reasons for rejecting a valid claim include:

• Capacity - The firm may simply be too busy to take on more work.
• Cost - Some smaller firms are not able to bankroll the cost of long-running and complex injury claims.
• Expertise - Some firms lack specialist knowledge in niche areas of personal injury law.
• Quantum - This refers to the ‘quantum’ or value of your claim. Some firms will reject what they view as low-value claims, as the work involved won’t cover their fees.

Read more:

I have a strong claim - Why won't a solicitor take it on?

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Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.