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Will my case go to court?
We are able to negotiate settlement of the vast majority of claims without the need for a court hearing. If, in our opinion, your claim stands a reasonable chance of succeeding but the Defendants will not accept liability, we can and will take the case to court on your behalf. If this is likely, we will explain to you fully the court procedure and ensure that you are represented at court by a Barrister who has been fully briefed by us.
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What happens if the Third Party Insurers deny liability?
If the Third Party Insurers deny liability, we review the case in full. We look at any fresh evidence they have produced, and what they have to say about who was to blame for the accident. We then advise you as to how we think the claim can best proceed. For example, it may be that we advise in favour of making a compromise proposal so as to minimise the risks to you. If we think your case stands a good chance of succeeding completely, then we will tell you. Equally, if the Third Party Insurers have put forward evidence which means your case cannot succeed, we will advise you to withdraw the claim.
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How do you get medical evidence in support of my claim?
We work with Medical Agencies who specialise in obtaining Medical Reports about injuries suffered in accidents. The Medical Agencies have panels of doctors of all specialisms from all over the country. The agency will make sure that your Medical Records are obtained (if needed) and that an appointment date is fixed with a Medical Expert as soon as possible and at a location as convenient as possible for you.
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How do you put a value on my injury claim?
All claims are different. Once we have the Medical Report, we look at what injuries you have suffered, and how long it will take you to make a full recovery. We then compare the facts of your case with benchmarks set by the ‘Judicial Studies Board’, and also similar cases which have been decided by the courts.
We then advise you as to what range of damages your case falls into. We also advise what settlement proposals we think we should now put forward on your behalf to start the negotiation process.
As well as claiming compensation for your injury, we will claim for any other losses you have suffered such as Loss of Earnings, Policy Excess, or costs of medical treatment.
Where your injury has had a significant affect on your day-to-day life (for example, if you are a keen sportsman or sportswoman and have been restricted by your injuries), we will take a detailed statement from you. This will assist us in negotiations, and if necessary, in persuading a Judge that our valuation of your claim is reasonable.
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What documents do you need to prove my other losses?
If you have had to pay for the cost of treatment, then you should keep receipts for all treatment you have received. If property has been damaged as a result of the accident, if possible, let us have receipts for those items. If you have not kept the receipts, then as far as possible, it is helpful for us to know when they were purchased and what you paid for them.
If you have lost earnings, it helps if you can provide us with copies of your payslips for the 13 weeks before the accident and for the period following the accident until your pay got back to normal. Do not worry if you have not kept pay slips. We can get this information directly from your employer if necessary.
Generally, we will advise you what documents will help us to prove your claim. If you have kept any receipts which you think are relevant, please make sure that they are not destroyed, or better still, send them to us.
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How long will my claim take?
We aim to conclude straight-forward claims in less than one year. If liability is in dispute, or if you have suffered serious injuries, then the likelihood is that your claim will take longer. Very high value claims can take up to five years to complete.
If we think your claim will take more than a year to conclude, we will tell you as soon as possible. In high value claims, we will set out a plan of action, and if liability is not in dispute, we will request interim payments regularly on your behalf so that you are not out of pocket.
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What happens next?
- Once we have your instructions, we will review the claim and advise you if we think that your claim has a reasonable chance of succeeding. If we need more information or evidence we will tell you what steps we will be taking next. Once we are confident that your claim stands a reasonable chance of succeeding, we write to the Third Party and put them on notice of the claim. We ask for their admission that they were to blame. If liability is admitted it means that we need only concern ourselves with the value of your claim.
- We find suitable Medical Experts in your area who can prepare a report about your injuries.
- If you have suffered any financial losses, including loss of earnings, we send for the documentary information we need to prove your claim.
- When the symptoms from your injuries have settled down we arrange for you to be seen by a doctor close to where you live.
- Once we have the doctor’s report we sent it to you with our advice as to the value of the claim and what settlement proposals we should make to the Third Party Insurers.
- There is usually then some negotiation with the Third Party Insurers before we agree a settlement figure – in consultation with you – for the claim.
- As soon as we receive the cheque from the Third Party Insurers, it is sent on to you and the case is concluded.
- We hope to settle straightforward claims where liability has been admitted in less than one year.
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Will my case go to court?
