When people call us up to see if they can make a claim for compensation for the injuries they have suffered at the hands of a negligent third party, apart from wanting to know how much their claim is worth, they generally want to know what happens. In other words, they want to know each stage of the claim. I have therefore compiled this quick guide to the compensation claiming process:
Step 1: Letter of Claim
In almost every claim for compensation, except for those where you have been injured in what is considered to be a low value road traffic accident, your lawyers will need to submit a Letter of Claim to the other side. The Letter of Claim is a straightforward letter which outlines the details of your accident, your injuries, and particularises why we believe the Defendant is at fault and should compensate you for your injuries.
At The Injury Lawyers, we always prepare a thorough Letter of Claim. What we mean by this is that we make sure that we have as much detail as is necessary about your accident. This means that it is less likely for the other side to come back with questions or query your accident so you can be on the way to getting the compensation you deserve at a much faster pace. Once the Letter of Claim has been prepared, it is sent to the Defendant or their insurer who has a period of 21 days to acknowledge your claim.
Step 2: Acknowledgment
The Defendant should acknowledge your Letter of Claim within 21 days of it being sendt. This is simply to say that they have received it, note its contents, and to say that they will now begin their investigations for your claim. It is not uncommon for the Defendant’s insurers to acknowledge your claim either. In many cases, the Defendant will pass the matter to their insurers for them to investigate your claim.
Step 3: Investigations
Under the Pre-Action Protocol for Personal Injury Claims, which governs your injury claim, the other side have a period of three months to investigate your claim. What this means is that they can look to see if your accident tally’s with their records and can then decide whether they were at fault for your injuries. Importantly, just because they have three months to investigate the claim does not mean that their investigations will necessarily take the full three months. They could well admit liability within a few weeks.
Step 4: Admission of liability and settling your claim
Once the other side have finalised their investigations and formally admitted liability for your accident, your lawyers will set you up with a medical appointment that is convenient for you so that a medico-legal report can be compiled. This will enable your lawyers to properly value your claim, and from there, your lawyers can go about settling your case on the best possible terms.
All in all, if everything goes according to plan with your injury claim, it can be settled within only a matter of months. Typically we would suggest that most straightforward cases last between six and nine months.
If you believe you have a claim for compensation then in get in touch with The Injury Lawyers today for a quality and free service.
