Why do I need legal representation for a personal injury claim?

I was recently instructed by a family to act for their daughter (who I will call Kate) in a claim for compensation for injuries suffered in an accident at school.  During her PE less, Kate had been asked to assist the teacher with opening out the trampolines.  As she did so, the trampoline sprang back and her hand became trapped, causing her serious injury.

The school were immediately apologetic and advised the family to contact the school’s insurance company to discuss compensating Kate for her injuries.  The family did so, the insurers made an early offer to settle the claim.

The family took some time to contact solicitors to advise on this offer.  They explained they did not want to aggravate the situation by involving lawyers, and they were not “after the money”.

However, speaking with them initially, I was able to alleviate their concerns, and explain why it is always a good idea to have legal representation in this situation.

Instructing a specialist injury solicitor like one of our team at Anthony Gold Solicitors has several key advantages:

1. Expertise: Personal injury law can be complex.  Solicitors have specialised knowledge of personal injury law and can navigate the complexities of the legal system, ensuring that a claim is handled properly.
2. Access to early rehabilitation: We understand the importance of early rehabilitation following an accident.  We are often successful in obtaining funding for treatment from a defendant’s insurers early on in the claims process.  This assists clients in making the best recovery from their injuries.
3. Gathering Evidence: Solicitors will gather and preserve critical evidence, such as medical records, witness statements, and accident reports, which are essential for building a strong case. They will also ensure that financial losses stemming from the accident are recorded effectively so these are not lost as the case progresses.
4. Specialist medical opinions: We instruct the most suitable specialist medical experts to prepare medical reports on our client’s injuries.  As well as assessing the injury, these experts give a future prognosis;  This enables clients to be compensated for any future needs or treatment costs which are likely to arise from their injuries ie. future surgery, future care, future home adaptions.
5. Negotiation skills: Insurance companies often aim to settle for the lowest possible amount.  Solicitors are skilled negotiators, used to dealing with insurance companies.  We know how to secure the best possible outcome in claims.
6. Reducing the stress of litigation: Managing a claim can be stressful, especially when clients are in recovery from serious injuries.  A personal injury solicitor can take much of the the anxiety out of the claims process, allowing clients to focus on their recovery.

In Kate’s case, whilst there was no issue as to liability, by not having legal representation she was not on a level playing field with the insurance company, who had aimed to settle the claim swiftly.

However, she had been left with significant symptoms and no indication of how these would play out in future.  The offer currently on the table was not enough to account for any long term symptoms, nor any potential costs related to those.

The family decided to instruct me to represent Kate, and she is due to be examined by a medical expert specialising in hand injuries shortly.  Once we have that report, we will know whether she is likely to suffer any difficulties in the future, and be able to explore any future financial losses arising from her injuries.

I will then advise on and engage in negotiations with the insurers on Kate’s behalf, to ensure she receives a fair settlement for her injuries.

Having a solicitor onboard, even when there is no “fight” to be had with the other side on who is to blame for the injuries, is crucial in ensuring clients receive the best result in their claims, whilst at the same time alleviating the stress of the litigation process.