How To Claim

Posted 4 years ago by aequitaslegal

The Claims Process – What you need to know

Ever wondered what goes on in the personal injury compensation claim process? Here’s a step by step in brief time-line of activities. Remember, we aim to do all of the work so your left totally hassle free.

In most cases, claims are dealt with on a “no win, no fee” basis, so you don’t need to worry about costs of service – only on getting better. There’s a few simple forms of authority which need signing but once complete you can relax and we take things from here.

1. The first steps

Tell us your story and what’s happened. We can call you back at a convenient time or arrange to meet with you. Bear in mind that we may be able to get you treatment for any injuries right away, so the sooner you call us the better.

2. Gathering information

Once you have confirmed our authority to act on your behalf, we start to gather information to make your claim. Any photographs or details of witnesses can help the speed of you claim at this point (but are not essential).

3. The letter of claim – Starting the claim

Here is where we send a “letter of claim” to the person or company responsible for your accident. They have up to four months to respond but often respond much sooner.

4. The other side’s decision on your claim/Liability Response

If the other side accepts fault/liability or if we think early on that your case is clear-cut, we gather medical evidence. If the other side deny fault then we will consider the evidence which they give and advise further on the prospects of winning your claim.

5. Medical evidence

You’ll need to attend a local examination with one or more experts who have a specialism in the type of injury you suffered. They prepare a detailed medical report which we send to you for checking. The report will set out the accident, how you were injured, how you have been affected and the prognosis.

The report may recommend treatment to help in your recovery and we will look to arrange that treatment for you at no cost. Once the report is ready we send it to the other side and either enter into settlement negotiations or obtain any further medical evidence which may be needed

6. Out of pocket expenses

It is important that you keep a note of everything you think you may have lost due to the accident and we can then advise on what is likely to be claimable or not. Remember to keep evidence of everything (i.e. receipts/invoices etc). It may be possible to obtain some money up front for specific losses as we go along.

7. Settlement negotiations

Simple, the third party makes an offer or we suggest making the first offer. We will let you know about any offers made and advise along the way. We will always ensure that you get the maximum compensation for your claim.

8. Negotiations fail

Sometimes we are not able to reach a sensible settlement for your claim. Most of the time the other side will make sensible offers but occasionally an agreement cannot be reached. This is where we will review your case and decide whether to accept their offer or begin court proceedings.

9. Court action – if necessary!

If the other side deny fault for your accident or if you are not being offered enough compensation we may have to take court action to get you the result you deserve. This does not necessarily mean that your case will go to a trial/final hearing and may still settle out of court. However, if you do need to go to a court hearing then you should not worry about this as we will guide you as we go along.

10. Further Negotiations

It is not uncommon to have further negotiations after court proceedings have started. At this point the other side may be more willing to settle your case to avoid unnecessary legal costs. We continue to negotiate and advise you whether to accept their offer or proceed further to trial.

11. Trial

Trials are quite rare, however if necessary, we prepare your case to the highest quality and only use proven barristers to represent you at court and usually, you will already have met them before the day of the Trial.

12. Winning at Trial

At a Trial if the Judge decides that the accident wasn’t your fault, they will award you compensation for your injuries.

13. Settlement – compensation payment

If and when your case reaches settlement or if and when you win at trial, we will obtain a settlement cheque from the other side and forward the settlement monies on to you. This will usually be between 3 to 6 weeks after the date when we agree settlement with the other side or after the final hearing date.