What is a Personal Injury claim?

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A personal injury claim is the process where an injured individual seeks compensation for any injuries, losses or damages caused by another party. In order to be successful you have to be able to prove that the party you are holding responsible was negligent, in other words at fault at law which means that they were careless or reckless as to your safety.

Examples of such situations are as follows: –

• Road traffic accidents e.g. if you are injured as a pedestrian, cyclist or car driver due to the fault of another driver.
• Slips, trips and falls e.g. falling on a wet floor in a supermarket due to poor maintenance
• Workplace injuries e.g. injuries caused by faulty equipment or lack of training at work

The purpose of the claim is to seek financial compensation from the negligent party (or their insurer) for all losses suffered, including pain and suffering, the injuries themselves and expenses such as loss of earnings, medical expenses and travel expenses.

What type of injuries can you claim for ?

You can make a claim for physical and psychological injuries caused by the accident. You have to prove that the injury claimed was caused directly by the negligence of the other party.

How does the claim progress ?

The client will initially discuss the claim with the Advocate to discuss the merits of the claim. The Advocate will obtain any necessary supportive evidence i.e. from witnesses, the police or CCTV.

If it is agreed to bring a claim then the defendant will be notified of the claim either directly or to their insurers if they have been identified at this stage.

The Defendant’s insurer will investigate the claim and come back with a response to either admit or deny liability for the claim.

If liability is admitted then the Advocate will collate all the evidence required to prove the claim i.e. receipts for expenses and obtain independent medico-legal reports in respect of the injuries.

If liability is not admitted then the Advocate will need to consider if the client has reasonable projects of success ( over 50%) based on the evidence obtained. The Advocate will attempt to settle the claim by negotiation with the insurers.

The timescale for this will depend on the injuries suffered by the client and how much expert evidence is required.

If the case is strong and settlement cannot be negotiated then legal proceedings will be issued. If no settlement can be reached then the matter would go before the Court to decide liability and award damages. Patience and perseverance in these claims are usually required to reach a successful conclusion.

Methods of funding a claim

Such clams can be funded by Legal Expenses Insurance attached to home or motor insurance, Legal Aid ( depending on the individual’s financial circumstances) or by being a private client and paying an hourly rate.

How can we help?

Abt has extensive experience dealing with Personal Injury claims in Guernsey. Should you require any advice on any aspect relating to a claim for an injury in Guernsey, please contact Senior Associate Karen Varley.