A personal injury claim letter means someone is saying you (or your organisation) caused them physical or psychological harm and they want compensation. The most important thing to do first is notify your insurer immediately — not respond to the claim yourself.
Personal injury claims can arise from road traffic accidents, accidents at work, slip and trip accidents on your property or business premises, medical negligence, and many other situations. Claims are typically brought by a solicitor on a no-win, no-fee basis. The letter before action will set out the nature of the injury, how it was allegedly caused, and the compensation sought. There are strict time limits: the claimant generally has 3 years from the date of injury to bring a claim. You need to respond within 21 days to acknowledge the letter, and within 3 months with a full response.
This is the most important step. Whether it's your car insurance, employer's liability insurance, or public liability insurance, late notification can invalidate your cover. Do it today.
Do not say or write anything that admits you caused the accident or injury — even in casual communication. Let your insurer handle all communications.
Photographs, CCTV footage, accident book records, witness details, medical records, correspondence. Evidence becomes harder to gather as time passes.
Pre-action protocols require you to acknowledge a personal injury letter of claim within 21 days. Your insurer will typically do this, but if you're uninsured, you must respond yourself.
If you're not insured for this type of claim, get legal advice immediately. Defending a personal injury claim without legal help is extremely difficult.
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English law allows for 'contributory negligence' — if the claimant was partly responsible, any damages awarded are reduced proportionally. This is decided by the court or during settlement negotiations.
This varies enormously — from a few hundred pounds for minor soft tissue injuries to hundreds of thousands for serious, life-altering injuries. Your insurer typically covers you up to your policy limit.
You're personally liable for any damages awarded. If you're a driver who hit someone without insurance, the Motor Insurers' Bureau (MIB) may pay the claimant's compensation and then seek to recover it from you.
Yes, in some cases. A road accident may lead to both criminal prosecution (dangerous driving) and a civil personal injury claim. These are separate proceedings — a conviction doesn't automatically mean you lose the civil claim.
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