The Claims Process – A step by step guide
As your legal advisers, we make it our business to ensure that you are clear about every aspect of making a successful personal injury claim.
Your case comprises a number of key elements, including:
Your Claim
Liability – who is responsible for causing your accident and therefore liable for paying your compensation.
Compensation – how much money are you entitled to recover as an injured person.
Settlement – the negotiation process that we undertake on your behalf to bring about settlement of your case.
Court Proceedings – this usually occurs when liability for the accident is disputed or we are unable to agree the value of your case. The majority of cases that we handle do not require clients to attend court.
Start your journey with us and call 0113 249 8478 Or Complete our online enquiry form.
The Process…..
1.Liability
It is important that we establish as quickly as possible the person or organisation responsible for causing your injury. In legal terms, this is referred to as ‘liability’ and the onus is on the person bringing the claims to prove that their opposing party was responsible.
The claims process is governed by Court rules known as the “Personal Injury Protocol”. These rules are designed to resolve claims quickly and fairly. One of the first things that we will do is write a ‘letter of claim’ on your behalf which will be sent to the person or organisation who we believe is responsible for
causing your injury.
This letter sets out the circumstances of the accident and why we believe your opponent is responsible. It will also summarise your injuries, as well as other losses, such as treatment costs or damage to property, arising from the accident.
Your opponent has 21 days within which to acknowledge receipt of the letter of claim and a further 3 months to decide whether or not to accept responsibility.
If liability is admitted – we will then press ahead and agree with the party responsible for the accident, an amount of compensation for your case. Should liability be denied – we will investigate further with witnesses, the police (if applicable) and experts as to who is to blame for the accident. This will all form part of the evidence into your case.
In some circumstances, we may advise you that the available evidence suggests that you are partly to blame for the accident and that we will need to negotiate a percentage reduction to your compensation for ‘contributory negligence’. We will always speak to you about to ensure that you understand why this may be necessary and the risks involved with not negotiating settlement of your case on this basis.
2. Compensation
Compensation is divided into 2 elements:
(1) Compensation for Injuries
This means the amount that you are entitled to for the pain, suffering and the overall disruption to your life. The amount that you are entitled to is based
on the medical and witness evidence obtained.
(2) Compensation for Financial Loss
This relates to things such as loss of earnings, medication costs and vehicle repairs. It is important to maintain documentary evidence of any financial
losses you incur, but we will help you with this.
3. Settlement
The negotiation process that we undertake on your behalf to bring about settlement of your case.
4. Court Proceedings
This usually occurs when liability for the accident is disputed or we are unable to agree the value of your case. The majority of cases that we handle do not require clients to attend court.