Personal injury litigation
At some point in your life, you are likely to sustain an injury which was not your fault. Some of these circumstances will give rise to the ability to recover compensation for your losses. Frequent examples include:
- Road traffic accidents
- Accidents at work
- Medical negligence
You may be encouraged to pursue a claim for personal injury yourself, but we would recommend that expert advice is obtained, as it will be necessary to liaise with other professionals and instruct a medical expert to comment on your injuries. Furthermore, a legal professional is suitably qualified to be able to properly advise you on the value of your claim, ensuring you only accept the right settlement for your injuries.
Personal injury litigation is complex and there are any number of potential pitfalls to avoid. At our initial attendance with you, we will obtain a summary of the accident in your own words. We will then use this to pursue all necessary enquiries, send a letter of claim and deal with any disputes in relation to liability on your behalf. Once liability issues have been resolved, or whilst they are ongoing if the matter will be proceeding to trial, we will identify and instruct a suitable medical expert to report on your behalf, obtain your medical records and review the medical evidence once received. We will also look into what documentation we need to disclose to support your case and obtain any necessary witness statements in support of your position. We will continue to advise you on any settlement offers which may be made and represent you at trial if this is required.
No win no fee schemes are not lawful in the Isle of Man, so your claim would need to be funded through a different route. If you are a union member, the Union might provide funding to investigate a claim or you may find you are eligible for legal aid depending on your particular circumstances.
Personal Injury FAQs
How do I know if I have a personal injury case?
First, you must have suffered an injury to your person. Second, you should consider whether your injury was someone else’s fault. It is not always necessary to have a physical injury to bring a personal injury claim, as often cases can be pursued for psychological injuries.
What is my case likely to be worth?
It is difficult to estimate the value of your case. There are a number of factors that will influence your potential recovery, which is why your advocate will need to thoroughly research your particular case and past decisions in similar cases as to the value of claims. Past medical bills, future medical costs, rehabilitation costs, pain and suffering, therapy, lost wages and/or future income will all be relevant to what you could potentially receive.
How long will it take?
This also depends on the specifics of your case. It is not uncommon for personal injury claims to take longer if there are factual or legal issues or if the compensation involves several types of losses or is of a particularly high value. If you are still recovering from injuries, this can prolong the process as your advocate will want to wait until you have fully recovered to understand the appropriate value to be attributed to your injuries, or until your condition has stabilised sufficiently for a realistic valuation to be made.
What if a person dies before bringing a personal injury claim?
If a person injured in an accident subsequently dies, that person’s estate may be able to recover compensation for the estate, even if the reason for the death is not directly related to the accident. However, these types of claim are often more difficult to pursue as the person who has suffered the accident is unable to give evidence as to the cause and effect of the claim.