MAKING A CLAIM
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Making a Claim
How injury claim compensation process work
Accidents can disrupt normal life leaving you frustrated. It feels even much worse when you suffer due to someone else’s fault. We have given all information about the most common kinds of injuries, types of claims and how to decide while filing your compensation claim for your injury and the impacts the accident had on your routine life.
The compensation can help in covering the emotional and financial impacts like:
• Time taken off from work for full recovery
• Any costs for medical treatment
• Travel and accommodation expenses for treatment
• Other spending’s or expenses to friends or family for looking after you
How long do no win no fee claims take?
We aim to provide information, helpful resources and other useful services to all victims of personal injury.
If you have any questions about your specific accident claim, we strongly recommend that you speak with one of our partner UK injury specialists as soon as possible by calling the freephone number provided, or by submitting your details using the form at the top of the page.
Most injury lawyers work on a no win no fee basis, meaning there is no financial risk to starting your personal injury claim. Your lawyer will usually arrange ATE insurance for you to ensure your claim is risk free. If successful, your lawyer’s legal fees will be taken as a percentage of the compensation you receive – in most cases, up to 25%.
Termination fees may apply based on time spent on your claim, or if your case does not proceed because you do not cooperate fully with your solicitor by, for example, deliberately misleading your solicitor, failing to attend a court hearing, or not going to a medical/expert examination.
All advice is provided with no obligation to use the solicitor’s services.
Different Types of Accidents for making a claim
Every accident is different with different outcomes. So, the damage and amount to be claimed cant be decided in the beginning.
Simply, it’s likely you can claim if:
• you start the claim within 3 years of the accident
• Only that accident is the reason for your injuries.
• Someone else is responsible for your accident
The best and fastest way to find out about making a claim is to talk to our legal expert. To make it easy for you, we’ve enlisted some instances below of the types of accidents injury lowers have supported people within the past.
• Road accidents – including uninsured drivers
• Medical negligence
• Accidents during work in factories, offices, or on construction sites
• Slips and falls
• Sports injuries in gyms
• Criminal injuries
About your compensation amount
certain cases can be extremely difficult for us to be able to tell you straight away the amount of compensation one can receive. One can also claim for ‘special damages to cover other financial losses such as loss of earnings, the expenses of ongoing rehabilitation and medical care, prescription costs, and so on. You need to keep all necessary evidence like expense slips and your salary statements for loss of income. We offer a No-Win-No-fee clause where the fee is charged as a percentage of the money you get that doesn’t exceed 25% of your compensation.
The process of making a claim
To simplify, we have defined the claim process in 3 simple steps below. During your claim, your lawyer handles all paperwork and take all your headache away. The Pre-Action Protocol is followed.
Starting a claim
Your lawyer will send a Letter of Claim to the opposite party mentioning details and circumstances of the accident, the damages as well as the effect on your life, finances, and your family. The opposite party has to answer in 21 days while either admitting or denying answerability for your injuries. They can even claim partial responsibility for your injuries.
In some cases, the opposite party will take the blame for your accident and hence you can begin with the process of negotiating. Still, it’s very common for the opposite party to deny liability straightaway. In this case, your personal injury lawyer will collect evidence to prove the fault of the opposite party.
If the opposite party denies the blame fully or partially, your case might need to go to court. Your lawyer will then pass all the details and evidence to the court. The court then informs the opposite party about the claim before starting formal proceedings. Usually out of court settlements are made in most cases. Else, the court will judge the other party’s blame and decide your amount of compensation.
Claiming on behalf of someone else
You can also file a claim on behalf of your loved ones or someone else. Some injured might be under the age of 18, or because of the injuries, they are physically unable to claim.
A legal expert can advise you through the process of claiming on somebody’s behalf. But for this, they would be needing consent from the concerned person.
Is there a time limit on making a claim?
You can start a claim within three years of your accident. Still, there are exceptions to this three-year ‘limitation period’. If you’re claiming on behalf of a child, then the three years begin when the child reaches the age of 18 years. Also, if the injured person is mentally not sound, then the three years begin when he regains his/her mental capacity.
What can you do to support your claim?
You must take care of collecting all possible evidence like
• Any photos or CCTV footage of the accident and your injuries
• A police incident report
• Entry in an accident logbook
• Details of witnesses
Your lawyer should have your doctor’s contact details and access to all relevant medical records. Your lawyer will then use all details to assess the right compensation amount.