How likely am I to win my personal injury claim?

Claimants often start a personal injury claim with no idea of their chances of success. But is there any way you can predict how your claim will play out and whether you will be compensated?

Am I eligible to start an injury claim?

In most cases, to make a successful no win, no fee claim:

• your injury must have happened in the last 3 years (limitation) and
• your injury must have been caused by another party (causation) and
• that party must have owed you a duty of care (liability).

So my claim will succeed if I meet these conditions?

If you meet the conditions listed above, you should be compensated for your injuries and any financial losses. Your solicitor will, however, need to prove that you meet these conditions.

Risk assessment (case vetting)

Before a solicitor can take on a claim on a no win, no fee basis, they will need to assess whether there is a reasonable chance of the claim succeeding. This does not mean that solicitors only accept 'dead certs'.

Under the terms of a Conditional Fee Agreement (CFA) and the accompanying ATE Insurance policy, however, solicitors must carry out an initial risk assessment to ensure that there is potentially enough of a case to give your claim a fighting chance.

If your claim is taken on by a solicitor, statistically you are likely to have a better than 50% chance at the point of acceptance.

How do I make sure my claim is accepted?

Even if you are certain that the blame lies with the defendant, proving it can sometimes be challenging.

At the start of the claim, your solicitor will gather as much information about your accident as possible, collate any evidence and identify and speak to any independent witnesses.

Personal injury solicitors are experts at collating evidence. Even if you think that there is little physical evidence to support your claim, your solicitor may be aware of other avenues that can be followed to support a case. There is no doubt, however, that being able to show a potential solicitor that there is supporting evidence will improve the chances of your case being accepted.

Collecting evidence

After an accident, seeking medical attention is the most important first step. Once you are able to do so, you should then collect as much evidence as you can. Depending on the circumstances, this might include:

• A copy of any medical reports and appointment details
• Police report
• Photos of the accident scene and your injuries
• CCTV footage
• Account from others who are aware of the dangerous circumstances
• Witness contact details
• A copy of the accident book record or report
• A written account of what happened
• A diary of post-accident events
• Receipts for any costs incurred as a result of your injury

The sooner you try to obtain this evidence the easier it will be. Nearby businesses and shops, for example, may overwrite their CCTV every 7 days. Witnesses will be harder to identify if you don't act quickly

What are my chances of winning after my claim is accepted?

At the start of your personal injury claim, your solicitor will send a 'letter of claim' to the defendant and their insurance company.

If the defendant accepts liability, your chances of succeeding are pretty much 100% at this point.

Even if the defendant initially denies liability, if the evidence supports your version of events then your claim is likely to succeed. Don't be deterred if the defendant denies liability at first, it may just be the insurance company tactic.

If the defendant does decide to fight it out, your solicitor may recommend that the case proceeds to court. Approximately 2% of personal injury claims go to court. Generally, only very complex cases or those where liability cannot be resolved, end up in court. Quittance’s solicitor panel settles the vast majority of claims are settled out of court.

If your solicitor is willing to progress your case to court, then the chances of success are high. Your solicitor will not recommend court action unless the chances of success are high.

If supporting evidence is weaker your chances of success may be more marginal. Your solicitor will advise you of how likely you are to win before proceeding.

Read more:

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

What if I was partly to blame?

If you think that you were partly to blame for an accident then you can often still claim compensation. Typically insurance companies or courts apportion compensation in line with the apportionment of blame.

Read more:

Can I claim for an injury if partly to blame for an accident?

Work accidents Road accidents Public places Medical negligence Other accidents

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.