When you first make contact with a personal injury solicitor they should arrange a meeting with you and/or your family to discuss what has happened to you and how you have been affected. The solicitor will usually try and gather some information from you regarding the circumstances that lead to your injury and how you have been affected by the injury. The solicitor should also discuss any fee arrangements with you and this is an important opportunity for you to ask any questions which you have about the process and to decide if you wish to instruct them to act on your or your family member's behalf.
Once instructed your solicitor will make contact with the person/organisation who have caused your injuries ( the Defendant) and set out the initial basis of your claim. If liability (who is at fault) is straight forward interim funds should be made available early in the process to allow you to access treatment or therapies and to ease the financial burden if you are unable to work as a result of your injuries. Sometimes if the accident circumstances are not clear there may be further investigations carried out. If the police are investigating criminal proceedings or the Health and Safety Executive are investigating your solicitor will apply for information held by them to further evaluate the prospects in your case.
Alongside looking into the liability aspects of your case your solicitor will start to gather medical evidence on your case from various medical experts who will prepare reports setting out your injuries and most importantly your future prognosis and what help or treatment you are likely to require in the future.
Within the three years from your injury proceedings will usually be issued at Court on your behalf. Your claim will then follow a timetable set down by the Court which will bring your claim to a trial date/conclusion. The vast majority of cases do not proceed to trial and will settle before then in negotiations with the Defendant. If someone is successful in being awarded damages but they lack the mental capacity to manage their finances the Court of Protection will then become involved and a Deputy will be appointed to manage their funds on their behalf in their best interests and reporting to the Court.