Personal injury and how to claim may seem like a daunting prospect to grasp at first, particularly when riddled with bewildering legal jargon and terminology.
It will come as no surprise therefore when I tell you that individuals can become quite easily overwhelmed and disheartened with the procedure, and when initially paired with the substantially traumatising experience of the accident itself, made to feel angry, alienated and cheated. But fear not! Help is at hand, in the shape of our genuine No win, No fee, agreement, shouldering the burden and pressures which accompany claiming compensation, giving you the time and priority needed to focus your attentions on more important issues, none so more than your speedy recovery.
After information regarding a potential claim has been received, our primary action is the creation of a letter of claim which states the critical information involved in the accident. This is then sent to the third party defendant for analyse.
From here the third party defendant then has a period of three weeks with which to pass this letter of claim to any relevant insurers, insurance brokers, or solicitors who represent them. Once we have received confirmation that the relevant parties are aware of our claim, a time frame is created from this date of three months in pursuance of concluding this claim.
Within this period it is left to the discretion of the defendants parties to decide whether they believe themselves to be fully liable, primarily liable or partially liable, resulting in contributory negligence if it is believed that the claimant themselves is in some way moderately blameworthy with regards the incident. Moreover a further way in which a third party defendant may admit liability is on satisfaction that substantial causation and a direct link has been proved between the defendant’s negligence and the consequent accident through a multiplicity of sources, ranging most commonly from medical evidence, police reports and witness statements.
From here, we wait, and if the third party defendant decides to make an offer, after extensive scrutiny, we will inform our claimant if we believe the offer equates to their pain and provides reasonable compensation for their loss and that is all we do, because at the end of the day, it is solely the claimants decision after reflecting upon all the hardship they’ve faced over the duration of the claim, whether the concluding offer is one of satisfaction.
With this in mind however, it is important to understand that should the third party defendant, after receiving our letter of claim and investigating the predicament further, potently believe that their party is not responsible for any negligence towards our claimant, then it is left to us to seek guidance form a learned barrister to discuss whether there is a high probability that the defendants are misled in their denial of negligence. If after concluding our discussions with the barrister, we are positively informed that there is a chance of receiving compensation, we dedicate ourselves on building the strongest case possible from medical sources and so forth in the hope of creating a meticulous argument which proves the defendants negligence.
Having said this, if the advice provided from the barrister is of a negative nature regarding the continuing of a case and this opinion is echoed by a second independent barrister, then as an unfortunate inevitability we are more than likely to drop the case, as all potential avenues have been exhausted, ensuring however that the claimant is not charged in the process.
