Personal injury solicitor meeting accident victim client with arm in sling and neck brace

Personal Injury Solicitor: Do You Need One, When to Use One & How to Choose the Best Lawyer for Your Compensation Claim

If you have been injured in an accident, one of the most important decisions you will make is whether to use a personal injury solicitor.

Many people are unsure whether they need legal help, how much it will cost, or whether it is worth it. Others accept early offers from insurers without realising they may be entitled to significantly more compensation.

This guide explains everything you need to know, including when to use a solicitor, whether it is cost-effective, how legal fees work, and how to choose the best personal injury lawyer for your claim in the UK or abroad.

Table of Contents

Do You Need a Personal Injury Solicitor?

In most cases, the answer is yes.

While you can handle a claim yourself, using a specialist personal injury solicitor will usually result in a stronger claim and a higher level of compensation.

Insurance companies are experienced in either denying liability for their insured or settling claims quickly and for as little as possible. Without legal expertise, it is easy to underestimate the true value of your injuries and losses.

A personal injury solicitor ensures that your claim is properly prepared, fully evidenced, and accurately valued.

When Should You Use a Personal Injury Solicitor?

You should contact a solicitor as soon as possible after your accident, and always before accepting any offer of compensation.

You may even compromise your claim if you liaise with the other party or their insurer vefore consulting with a solicitor.

Many people make the mistake of accepting an early offer, only to later realise their claim was worth far more.

Example: Injured Cyclist Accepts Too Little Compensation

In the past we were contacted by a cyclist who had already settled his claim, but was suffering ongoing issues and felt he was undercompensated. Since the claim was settled in full and final settlement – the claim could not be reopened.

A cyclist was knocked off his bicycle by a car. The driver’s insurer conceded liability and offered £200, which the cyclist accepted without first consulting with a solicitor. The offer was made in full and final settlement for all aspects of the the claim.

This amount covered the cost of the bicycle and a sum for injury. However on discussion with the cyclist the personal injuries and losses included:

  1. Physical injuries – a sprained wrist, bruising and grazing.
  2. Possible scarring.
  3. Psychological effects – possible PTSD, anxiety or sleep disturbance.
  4. Additional expenses – such as travel costs, time off work. medical expenses, etc..
  5. Bicycle repair – the repair costs of the bicycle alone was estimated at £180.

At the time this claim was concluded the small claims limit for this accident was £1,000 (currently £1,500).

Had the cyclist sort help from a solicitor before settling then the total compensation would have been significantly higher, and legal costs could also be claimed in addition to the compensation due tp the cyclist. Medical evidence of all the injuries and a proper evaluation of financial loss would have been necessary to correctly value – but it goes without saying that teh cliam was worth thousands and not hundereds of pounds.

The key lesson is simple: never accept an offer before understanding the full value of your claim.

The Small Claims Limit Can Vary Depending On Accident Type

The small claims limit can vary depending on the type of accident and sometimes the classification of accident victim. For example – road accidents can have a small claims limit varying from no lower limit for child injury and £5,000 for injury to a car driver. Whereas, work accidents have a small claims limit of £1,500. Although these figures can change in accordance with government legislation.

But – even relatively modest injuries can exceed the small claims limit, meaning the bulk of legal costs can also be recovered (in addition to compensation for your injuries).

Is It Cost-Effective to Use a Personal Injury Solicitor?

A common concern is that using a solicitor will be expensive. In reality, a claim can often be run using a no win no fee, limiting any costs exposure you may have and resulting in your solicitor in essence bearing the risk of winning your claim.

The Small Claims Limit Threshold

If your personal injury compensation exceeds the small claims limit then the bulk of your legal costs are usually recoverable from the person responsible for your accident.

This threshold applies to the value of your injury itself, not to property damage or other expenses.

The amount can vary for different types of accident. Therefore, we have a separate article for each types of accident and the small claims limit that applies together with the best approach for finding a specialist solicitor for that accident type.

Person reviewing accident claim documents deciding whether to use a personal injury solicitor
Many people are unsure whether they need a solicitor after an accident.

How to Find Out If Your Claim Is Worth More Than The Small Claims Limit

You can usually find out if the value of your claim exceeds the small claims limit without paying anything.

Free Initial Consultation

We are specialist personal injury solicitors and offer a free consultation – by telephone or online. During this discussion, you can:

  1. Discuss how your accident happened.
  2. Describe your injuries.
  3. Receive an initial assessment as to whetehr your claim is beyond the small claims limit. However, an overall valuation of your claim is not possible until full evidence has been obtained.
  4. Understand your options.

Some other solicitor firms may also offer a free consultation. However, be sure you are speaking to a solicitor not an unqualified call handler.

No Win No Fee Agreements

If your claim is strong, you may be offered a no win no fee agreement. This means:

  1. You do not pay legal fees if your claim is unsuccessful
  2. If your claim succeeds, the bulk of your legal costs will be recovered from the other side (in addition to your compensation).

You may already have legal cover that can fund your claim (even where the compensation value is relatively low) through either:

Home Insurance

Household contents legal expenses will typically cover the legal costs of accidents at work, slips and trips, public liability claims, industrial disease and medical negligence.

Motor Insurance

Motor legal protection cover – will meet the legal costs for accidents on the road as a passenger of driver of vehicle.

Using one of these methods, you can understand the value of your claim before deciding whether to proceed.

Union Membership

Being a member of a union can bring some advantages. For example – some of your union subs fund a law firm associated with the union. Therefore – should ypu need a solicitor – you can first consult with a union solicitor to see if you can be helped free of charge.

What Are the Advantages of Using a Personal Injury Solicitor?

You Claim Everything You Are Entitled To

Many people who handle their own claims fail to include all possible losses.

For example, in addition to compensation for pain and suffering – you may be entitled to claim for:

  1. Assistance from family members with daily tasks.
  2. Travel expenses.
  3. Medical costs.
  4. Loss of earnings (including overtime).
  5. Future losses (not yet incurred).

A solicitor will identify, collate and include all recoverable losses.

You Receive More Compensation

A specialist solicitor has detailed knowledge of judicial guidelines and case law that help determine your likely payout for pain, suffering and loss of amenity. An individual – would otherwise simply have no way of calculating this compensation.

Solicitors are also in a much stronger position to prove legal fault and negotiate with insurers. Hence – you are far more likely to win your claim and receive an appropriate compensation settlement without the need to take your claim to court.

If necessary, your solicitor can begin court proceedings, which can force acceptance of liability and improved settlement offers.

Your Claim Is Properly Supported by Evidence

A successful claim depends on strong evidence.

A personal injury solicitor will obtain the appropriate expert reports, which may include:

  1. Orthopaedic reports for physical injuries.
  2. Neurological reports for head and spinal nerve injuries.
  3. Psychological reports for psychological symptoms..
  4. Police reports describing the accident scene.
  5. Engineer reports detailing with the mechanics of your accident.
  6. Accountant report setting out large financial loss- such as past and future lost income, loss of pension entitlement, etc. 

This ensures that your injuries are fully understood and properly valued.

How Much Does a Personal Injury Solicitor Cost?

In most cases, there is no upfront cost as often you will be able to:

  1. Recover the bulk of your legal costs from the other party.
  2. Use a no win no fee agreement.
  3. Rely on legal expenses insurance.

Because of this, there is usually little financial risk in making a claim.

How to Choose the Best Personal Injury Solicitor

Choosing the right solicitor is an important step in making a successful claim.

Check Law Society And Solicitor Regulation Authority Accreditation

Solicitors in the UK have to be registered with legal supervisory and regulatory bodies.

In England and Wales, the Law Society and the SRA provide accreditation schemes for solicitors who can demonstrate expertise in personal injury, medical negligence, etc.

Choosing an accredited solicitor increases the likelihood of a successful outcome and ensures a high standard of legal representation.

Check A Solicitor Firm’s Website

Nowadays you can tell a lot about a solicitor from their website. We recommend you visit the site to see if you are comfortable with the law firm and pay particular attention to the about us page to check on the expertise of the individual solicitor to you are thinking of instructing.

Google And Trustpilot Reviews

Genuine reviews from previous clients who have used a solicitor’s services can prove extremely valuable in helping you make a choice.

Try to weed out genuine reviews from short bias reviews. Check out both the good and bad reviews to help you make an informed decision.

Choose a Specialist Personal Injury Solicitor

It is important to choose a solicitor who specialises in personal injury law rather than a general practitioner solicitor.

A specialist will have experience dealing with:

  1. Your type of accident.
  2. Relevant medical evidence.
  3. Negotiation with insurers.
  4. Pre action and court procedures.
  5. Taking your instructions and fighting for your claim.

Choose A Solicitor In The Correct Legal Jurisdiction

The law that applies to your claim depends on where your accident occurred.

For example – the UK has three legal jurisdictions:

  1. England and Wales.
  2. Scotland.
  3. Northern Ireland.

You should choose a solicitor qualified to practise in the jurisdiction where your accident happened.

See our legal jurisdictions in the UK article for more details.

Getting Help Choosing a Solicitor

Incredibly – we offer that help. You do not need to use our services and can point you to other solicitors if it something we cannot help with or we believe is in your best interest.

In addition, you can:

  1. Search through Law Society directories.
  2. Request a free callback from a specialist.
  3. Use online assessment services to be comfortable with a suitable solicitor.

What If Your Accident Happened Abroad?

If your accident occurred outside the UK, the process of finding legal representation can be more complex.

Which Country’s Law Applies?

In most cases, your claim will be governed by the law of the country where the accident occurred.

However, there are important exceptions.

For example:

  1. If you were injured on a package holiday organised from the UK, you may be able to claim in the UK.
  2. Certain road traffic accidents in Europe may allow you to claim in your home country.

See our overseas injury lawyer guide for more details on selecting the best lawyer for accidents abroad.

Can You Make a Personal Injury Claim Without a Solicitor?

Yes, but this is generally only necessary where your injuries are minor and under the small claims limit.

Remember – when a solicitor makes your claim, it still your claim and made in your name. Therefore – in theory you can make the claim yourself. However, a personal injury solicitor knows the law and the procedural steps to take whereas you invariably will not.

Criminal Injury Claims Are Generally Made Without A Solicitor

Criminal injury claims are handled differently from standard personal injury claims, since the majority of applications are made to the Criminal Injuries Compensation Authority (CICA), which operates a tariff based compensation scheme.

Because the CICA does not pay your legal fees – only compensation – the scheme is designed so that the public can make their claim direct. Hence, the CICA has its own telephone helpline, online guidance and application forms.

However, you may seek to speak to a solicitor where claims are complex (such as child abuse claims) or involve serious injuries.

Remember – personal injury solicitors have knowledge of criminal injury claims not criminal solicitors, since a CICA claim is a civil not a criminal matter.

Summary

Using a personal injury solicitor is usually the best way to ensure your claim is successful and properly valued.

In many cases, there is little or no cost involved, and the benefits of professional representation can be significant.

Frequently Asked Questions

Do I need a personal injury solicitor to make a claim?

When should I contact a personal injury solicitor?

How much does a personal injury solicitor cost?

What if my claim is worth less than the small claims limit?

Can I claim with a UK solicitor if my accident happened abroad?

Free Help and Next Steps

If you are unsure whether to use a solicitor, you can use our specialist solicitor free help. You can not only request a free assessment of your claim, but also ask a question, or arrange for a specialist to contact you.

Getting legal help early can make a significant difference to the outcome of your claim.

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