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26 January 2026 | Comment | Article by Philip Edwards

Involved in legal action? Top tips to protect yourself and your claim


Being involved in legal proceedings can feel daunting, particularly when you are dealing with the aftermath of a serious accident or collision and life changing injuries at the same time. Many people find themselves in litigation through no fault of their own and are unsure what to expect or how best to protect their position.

If you are involved in a personal injury claim, these practical tips can make a real difference to both your experience and the outcome of your case.

Get the right legal advice early

One of the most important steps you can take is to obtain specialist legal advice as early as possible. Litigation, especially high-value or complex claims, is rarely straightforward. Early advice can help you avoid costly mistakes, preserve crucial evidence and ensure your claim is properly valued from the outset.

Not all lawyers handle complex or serious injury cases. Choosing a solicitor with proven experience in serious injury claims can be critical.

Be honest and open with your solicitor

Your solicitor is there to act in your best interests but they can only do so if they have the full picture. It is always better to disclose information early, even if you think it may be unhelpful or embarrassing. Surprises later in the case can cause unnecessary difficulties and may undermine your claim. Your solicitor will be able to offer empathetic and sensible advice about any issues that arise.

Keep good records

Litigation often relies on evidence gathered over months or even years. Keeping clear records can be invaluable. This might include:

  • Medical appointments and symptoms
  • Financial losses and expenses
  • Correspondence with insurers or other parties
  • Photographs, reports or witness details

Keep all receipts of any expenses that you are put to.

Messages that you send to people about your injuries by WhatsApp or text can be an important record of how you were at any given time so do not delete them.

If you are able to, keeping a diary can be helpful. Write down how your injuries are progressing, what you are able to do, what you struggle with and what sort of support you are receiving from family, friends and professionals.  It is understandable that you may not be able to keep a diary all the while, but even keeping notes on a calendar of key events and changes can be useful.

Even small details can become important later.

Be careful what you say – especially online

Many people are surprised to learn that social media posts can be used as evidence. Insurers and defendants may monitor online activity to challenge claims. Avoid discussing your case publicly or posting content that could be misinterpreted.

If in doubt, ask your solicitor before sharing anything.

Be patient but stay engaged

Complex litigation takes time. Serious injury claims often need to progress at a pace that allows the full impact of injuries to be understood. While this can be frustrating, rushing a case may result in under-settlement.

At the same time, staying engaged, responding promptly to requests and asking questions can help keep matters moving and give you confidence in the process.

Look after yourself

Litigation can be stressful, especially when combined with physical or psychological injury. Do not underestimate the emotional toll. A good legal team will understand this and support you through the process, not just the legal aspects. Let your solicitor know if you are struggling as the legal team will often be able to arrange additional support for you.

Don’t be afraid to speak up

Litigation can involve lots of complex issues and disputes. If you don’t understand what is happening or the advice you are being given, let your solicitor know. Your legal team will be happy to take the time to explain things to you again and ensure that you are fully aware of what is going on with your case.

Get in touch

If you have been involved in an accident and have sustained serious injuries, contact our specialist serious injury team.

Author bio

Philip Edwards

Partner

Philip Edwards is a Partner in the Serious Injury team and has over 30 years’ experience in representing adults and children who have sustained serious injuries, and the families and loved ones who have lost people who tragically died as a result of an accident.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

 

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