The Questions Personal Injury Solicitors Ask When You First Contact Us – And Why

Taking the first step towards speaking to a solicitor can be daunting. By the time many people contact Hopkins Solicitors, they may have spent weeks, months or even years wondering whether they have a claim. They may have been injured at work, involved in a road traffic accident, suffered an accident in a public place, developed an illness because of their working environment, or experienced problems following medical treatment.

Many clients begin with the same question:

“Do I have a claim?”

Unfortunately, the answer is not always as simple as yes or no. Before we can advise you properly, we need to understand what has happened. That is why our Personal Injury and Medical Negligence Team will ask you a number of questions when you first contact us.

We do not ask questions simply because we are working through a script. They help us understand your circumstances, identify the legal issues and decide what information may be needed to investigate your claim.

At Hopkins, we believe good legal advice begins with listening.

“Can you tell me what happened?”

We need to understand the circumstances in which you were injured or the events that led you to contact us. If you were injured at work, we may ask what you were doing, where you were working, who was present and what happened immediately before the accident. If you slipped or tripped, we may ask what caused the fall and whether anyone had previously reported the hazard. Following a road traffic accident, we may need to understand the position of the vehicles, what the other driver did and whether there were witnesses.

For medical negligence claims, the story may be more complicated. You may believe there was a delay in diagnosis, a problem with treatment or surgery, or that the care provided by a hospital, GP, dentist or other healthcare professional was inadequate.

You do not need to know the legal answers before you contact us. We need to hear your account and begin identifying the issues that may need investigation.

“When did this happen?”

The date of an accident, injury or medical event can be extremely important. Strict time limits can apply to personal injury and medical negligence claims. In many cases, a claim must be started within three years of the accident or, in certain circumstances, the date you became aware that you may have a claim. However, there are important exceptions and complications. For an accident such as a workplace injury or road collision, the relevant date may be straightforward. Industrial disease and medical negligence claims can be more complicated, particularly where exposure or treatment occurred over a long period.

This is one reason we encourage people to seek advice as soon as possible. Even where there appears to be plenty of time, evidence can become harder to obtain as time passes. If you think too much time may have passed, do not automatically assume you cannot claim. We will need to consider your individual circumstances.

“Where did the accident or incident happen?”

Location can help us establish who may be legally responsible. An accident at work may involve your employer, but depending on the circumstances, responsibility could also involve a property owner, contractor or another organisation. Similarly, if you fall in a car park, shop or on a pavement, the organisation that owns the area may not be responsible for its day-to-day maintenance.

In medical negligence cases, you may have received treatment from several healthcare providers. You might have seen your GP before being referred to hospital, moved between hospitals or received both NHS and private treatment.

You may not know who is legally responsible. You simply need to tell us where you were treated or where the accident happened so that we can investigate.

“What were you doing at the time?”

Understanding what happened immediately before an accident can be essential. If you were injured at work, we may ask about the task you were carrying out, whether you had received training, what equipment you were using and whether there were procedures you were expected to follow. For medical negligence claims, we may instead ask what treatment you were receiving, why you sought medical advice, what symptoms you had and what you were told.

“Who else was involved?”

A claim is not always one injured person and one Defendant. Several companies may be involved at a workplace. The organisation employing you may not own or control the site, and equipment may belong to another business. Similarly, several healthcare providers may have been involved in your treatment. You do not need to know who is legally responsible. Even if you only know the name of a hospital, GP surgery, employer or company, that can give us a starting point for our investigation.

“Was the accident reported?”

We may ask whether the accident was recorded in an accident book or reported to a manager, employer or other organisation. A report made at the time can be useful evidence, but not every accident is formally recorded. You may have reported it verbally, been taken directly to hospital or simply not realised at first how serious your injury was. The absence of an accident report does not necessarily mean you cannot make a claim.

In medical negligence cases, we may also ask whether you made a complaint or raised concerns with the healthcare provider. Existing correspondence can sometimes provide useful information.

“Were there any witnesses or other evidence?”

Witnesses can provide important evidence about what happened, including the condition of an accident scene or the working practices in place. We may also ask whether you have photographs, CCTV, dashcam footage, emails, messages or other documents. Time can be important. CCTV may only be retained for a limited period, so identifying potential evidence early can make a difference.

You do not need to build the case yourself. Our role is to identify what evidence may exist and take appropriate steps to investigate and preserve it.

“What injuries have you suffered, and how have they affected you?”

We need to understand not only your diagnosis but how your injury has affected your everyday life. We may ask about your treatment, ongoing symptoms, ability to work and whether you can still carry out activities you enjoyed before the accident.

Two people with the same injury can experience very different consequences. One may return to work quickly, while another may be unable to continue in their occupation. In medical negligence claims, we may need to understand your original condition, the treatment you received and what happened afterwards.

You do not need to prove the medical case during your first conversation. If appropriate, we can investigate further by obtaining your medical records and seeking independent expert evidence.

“How has this affected your work and finances?”

An injury can result in lost earnings and other financial losses. We may ask whether you have needed time off work, whether you have returned to the same duties and whether your income has changed. We may also ask about treatment costs, travel expenses, care and assistance or other expenses arising from your injury.

You may not have all the paperwork available when you first contact us. At this stage, we simply want to understand the potential issues so that we can identify what evidence may be required.

“What are you hoping we can help you with?”

Every client has different priorities. You may want compensation for financial losses, access to rehabilitation or simply an independent assessment of whether you have a viable claim. In medical negligence cases, you may primarily want answers about what happened and whether it could have been avoided.

We cannot always provide every answer immediately, but understanding what matters to you helps us provide advice that is relevant to your circumstances. The first conversation is about more than ticking boxes. We understand that contacting a solicitor can feel like a big step. You may not have all your paperwork, know who was responsible or understand exactly what went wrong. You do not need to arrive with all the answers. The purpose of our initial questions is to start finding them.

At Hopkins Solicitors, we combine specialist legal knowledge with the personal service of a local firm. Our Personal Injury and Medical Negligence Team can offer face-to-face appointments at our local offices, as well as telephone, email and video appointments where more convenient.

If you have been injured or believe you have suffered as a result of an accident or medical negligence, contact the Personal Injury and Medical Negligence Team at Hopkins Solicitors to discuss your circumstances. Reach out today by clicking the Request a Callback button, or give us a call on 01623 468 468.