The Claims Process

If you're considering pursuing a personal injury claim, it's natural to seek more information about the process.

Though the specific steps can differ based on your case, we've highlighted key aspects below to provide insight into the claiming procedure.

If you find yourself still uncertain after reading this, feel free to contact a knowledgeable legal advisor at no by completing the form here. They can offer guidance on your claim without any obligation.

Step 1: Reach out to see if you can claim

Start by getting in touch with a free legal adviser by filling out the online claim form.

Don't worry about feeling pressured – they're not here to force you into anything. They just want to understand your situation and offer the best advice. During the chat, they'll explain the claims process and answer any questions you have.

Once they know more about your situation, they'll let you know if you can make a compensation claim. If you're not sure about moving forward, no problem. But if you decide to go ahead, they'll connect you with a specialized solicitor right there on the call.

Step 2: Consult with an expert sollicitor

Once you've made up your mind to talk to a solicitor, the legal adviser will connect you with one of their expert partner solicitors who specializes in cases similar to yours.

This solicitor will address any remaining questions and provide a free consultation about the next steps in your case. If you choose to move forward with your claim, the solicitor will become your main point of contact, available to answer questions and keep you informed about the case's progress.

To assist you in making a claim, they'll need more details about your injury and how it has affected your life. This ensures that you receive the full compensation you deserve.

Step 3: Your solicitor notifies the other party

Your solicitor will start your claim by letting the other party know that you’re making a claim. To do this, they’ll send a ‘Letter of Claim’ as required under the personal injury Pre-Action Protocol, which will include the details of your injuries and accident, as well as the effects they have had on your life, finances and family. The other party then has 21 days to acknowledge your letter of claim and will then either admit or deny ‘liability’ (responsibility) for your injuries. It’s not uncommon for them to deny liability at first – if this happens, your solicitor will gather evidence to prove that the accident was their fault.

Step 4: Negotiation of Your Compensation

Throughout your claim, your solicitor will handle the majority of the challenging tasks, allowing you to focus on your recovery.

They will engage in negotiations with the other party on your behalf and keep you well-informed about the progress of your claim. Your solicitor will guide you in deciding whether to accept any compensation offers.

While there might be some paperwork involved, they'll explain everything to you and handle most of it on your behalf.

Typically, personal injury claims are resolved outside of court. However, if your case does end up in court, your solicitor will provide guidance and assistance. In some instances, you might not even need to appear in person if you prefer.

Your solicitor can also explore the possibility of arranging 'interim' payments of compensation before the final settlement. This helps cover your immediate needs and the short-term costs associated with your injuries.

Step 5: Receipt of Your Compensation

Upon the success of your claim, you'll receive your compensation, typically paid by the other party's insurance company.

The exact duration of your claim can vary as each case is unique. However, after the settlement of your claim, you can expect to receive your compensation relatively swiftly—usually within two to four weeks.

Answers to most frequently asked questions

What Compensation Amount can I Expect?

If you're wondering about the exact compensation you might receive, our online compensation calculator provides a guideline. When you decide to move forward, your solicitor will calculate your compensation considering factors like pain and suffering, injury-related expenses, and the broader impact on your life, future, and family.

What's Covered in Loss of Earnings and Future Earnings?

Your compensation addresses loss of earnings if you can prove these losses. Your solicitor will guide you on providing payslips and evidence of lost overtime or bonuses. For self-employed individuals, your accountant can assist, and if future work is affected, documentation like emails or meeting notes is essential.

What's Involved in the Free Medical Assessment?

As part of your claim, a free medical assessment involves a 20-minute session, usually local. Despite the stress, this assessment provides a second opinion on your injuries and crucial evidence for your case. You'll receive a written medical report based on your assessment.

How Does No Win No Fee Work?

In a no win no fee agreement, you won't incur costs if your claim is unsuccessful, reducing financial risk. If successful, a capped success fee, not exceeding 25% of your compensation, is payable to your solicitor.

What's Needed for Gathering Information for Your Claim?

To strengthen your claim, provide your solicitor with comprehensive information, including photographs, witness details, accident log entries, and various reports. This comprehensive data contributes to building a robust case.

What's the Deadline for Making a Claim?

You have three years after an accident to initiate a claim. Learn about this timeframe and any variations for minors or individuals with mental disabilities.

Is Early Compensation Possible?

You might be able to receive early compensation, known as an 'interim payment,' to cover living expenses and medical costs during the ongoing claim. Conditions for this option include the other party admitting responsibility.

What Happens Next if the Other Party Denies Responsibility?

If the other party denies responsibility initially, your solicitor gathers evidence to establish fault if they contest the claim.

How Does Your Claim Proceed with Pre-Action Protocol and 'Tracks'?

Your solicitor navigates the personal injury Pre-action Protocol, and if responsibility is denied, your claim falls into a specific 'track' (small track, fast track, or multi-track) based on value and nature. A strict timetable is followed for resolving the claim in this scenario.