Claiming compensation
Over three million people are injured in accidents each year – at home, in their cars, at work, or outdoors. In many cases, someone or something else is at fault and you have the right to compensation. The essential question therefore that needs to answered is who do you think is at fault and why?
Personal injury law is complicated but with our help the process of making a claim is straightforward. We offer free initial advice and will be able to tell you if you a have viable claim.
What we need from you
To establish the details of your case, we will need to know:
- the date of the accident and where and how it happened;
- the details of your injuries, medical diagnosis and treatment; and
We may also need to see:
- proof of your loss of earnings and other financial expenses which are the result of your injury;
- documents relating to any insurance policies you have (such as household or motor insurance) to check whether these will cover the legal costs of your claim; and
- any documents that can be used to support your claim, including documents from before your accident or any evidence of previous accidents in similar circumstances.
How we can help
Once you have explained the circumstances of your injury in detail, we will be able to judge:
- how likely your case is to succeed; and
- how much you might be able to claim in compensation.
We will also explain to you all the legal steps involved in taking your claim further as soon as we have established that your claim is viable we will write and make an appointment to see you and confirm to you:
- that we are happy to take your case on
- the name and status of the person in the firm who will be your main day-to-day contact person;
- that we will proceed on a no win no fee basis;
- details of any more information you need to provide; and
- what you should do if, for any reason, you are not happy about the way your case is progressing.
If you are some distance away from our office we will arrange to send someone to see you to obtain all the necessary information and they will explain to you in detail the no win no fee agreement and supporting documents. This is one of the first requirements of the legal process that we will follow and establishes your instructions for us to act on your behalf.
As we have already made clear and we repeat, we will recover our fees and expenses from the other party’s insurers and our advice to you will costs you nothing.
Making your claim
The first step we will take is to draft a formal letter to the defendant. This sets out the details of your injury and the circumstances in which it took place. It also lists all available evidence. If you need an expert opinion to support your claim – from a doctor, for example – we will suggest a relevant specialist.
The person you are holding responsible for your accident (the “Defendant”) then has to investigate and reply to the letter within a fixed period – usually three months. Only in exceptional circumstances can we commence Court proceedings within that period. In their reply they must say whether they accept or deny liability for your injury. If they accept liability, we will encourage you to settle the matter out of court as this avoids delay and increasing legal costs.
Making an offer
Once we have all the available evidence together to support your claim for compensation and this may include expert reports, medical evidence, medical records, salary details, and in more serious cases further expert evidence we will then advise you what we think is the value of your claim. The Defendant’s insurers may also ask you to give an indication of the level of compensation you are prepared to accept, and we will consider whether you want to make an offer to settle for that amount.
If the Defendant “responds reasonably” to this offer and a figure is agreed, the matter can be settled without going to court. If the Defendant does not “respond reasonably”, they may be penalised. In some situations, the Defendant may reply with their own Part 36 offer. If this happens, we will advise you what to do. This may involve pursuing the matter through the Courts if no reasonable offer is made.
Court settlements
If you cannot settle out of court, we will advise you on whether to start legal action.
You should be aware that majority of claims for personal injury, more than 80% are settled before Court proceedings are issued and the majority of those that are issued, almost 95% are settled without going to trial. The chances of your claim actually going to Court for trial before a Judge is very slight indeed.
Proceeding to court
If you decide to take the matter to Court and in this respect it is your decision with the benefit of our advice that will predict the outcome, your case will be passed to a judge. That judge will then be in charge of the timetable for your case in court. The court will let you know the date of your hearing, and we will tell you about any preparations you need to make.
The thought of going to court may be daunting but it is important to remember that by this stage we will have prepared your case in detail and will have explained to you exactly what to expect. Then it’s just a question of waiting to hear the judgement and finding out if you have been awarded what you were claiming.
Costs
If you have legal expenses insurance (often included in home or motor insurance policies) or you are a member of a trade union, you should contact the insurance company or trade union.
We will act for you on a no win-no fee basis which means in effect that you will never be liable for our legal costs.
However, we will advise that you take out insurance to cover any potential liability for the Defendants costs as you appreciate that if you issue Court proceedings and subsequently lose your claim for whatever reason, then you may be ordered to pay the Defendants legal costs. In this case you should have the benefit of legal insurance to cover such potential liability.
Settlement of Claim
Once the claim is settled we will obtain the payment agreed by you from the Defendants insurers and account to you for the full amount you have accepted or been awarded by the Court (as appropriate).
We will separately pursue a claim against the Defendant insurers for payment of the legal costs and expenses incurred although this should not delay you receiving your compensation.
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