What will happen if I claim?
Many people considering a claim for personal injury will not have had much contact with the legal profession before they start their claim, and the thought of doing so can be quite daunting. People get worried about the “red-tape”, jargon, and waiting and delays. However, people may not understand is that there are rules in place to help avoid long drawn out claims.
At The Injury Lawyers the first step for most none road accident claims (so accidents at work, in public places, in the street, or with products for example) in this begins when you provide your details about your accident or the way in which you became injured.
Once your claim has been accepted we will write a “letter of claim” to the person or company believed to be at fault for the injury – the Defendant – this contains and outlines things such as the circumstances of the incident/accident, the reasons why they were negligent and the injuries that their negligence caused.
This letter starts a “Protocol period” meaning the Defendant has 21 days to pass this letter on to their or Insurers or Solicitors before the clock begins to tick. The Protocol doesn’t end there though – when their Insurer or Solicitor has the letter they have 3 months to properly investigate the claim. By the end of this they must either accept or deny that they were to blame. If the Defendant doesn’t do this then the Protocol even allows your Solicitor to force them to co-operate by applying to the courts for an Order to force a response.
After the initial investigations by the Defendant have finished and your lawyers are happy to continue forward, evidence will be gathered that will help with working out the value of your claim. Usually you will be sent for a medical with a specialist Doctor who will provide a medical report on the injuries you have suffered with; and, if any other evidence is needed to move the claim forward this is also the time when that will be collected. As soon as the evidence has been collected this is normally sent to the Defendant and we will give them 21 days in which to make an offer to settle the claim. If the Defendant does offer to settle the claim and you are not happy with the offer, we will give you our advice and we can negotiate the settlement figure for you; nothing is final until everyone agrees.
During these periods of investigation and collecting evidence it is understandable that people suffering from serious injuries may also suffer some financial hardships through not being able to work. During these times we will seek an “interim payment” from the Defendant which –with enough evidence – would be based on your lost earnings and other losses to date. We can then get this to you as an early part payment to help you out whilst you are in need.
At any stage, either side could can make a “Part 36 offer” – this is a special type of offer that has a 21 day time limit for acceptance, and can be withdrawn and affects the costs involved with the claim – The Injury Lawyers will always advise you as to the best thing to do with all offers.
Finally, once an offer to settle the claim has been agreed a letter will be sent to the Defendant saying that you accept the offer, the Defendant normally has 21 days to send you a cheque for the agreed amount.
These deadlines come with consequences for missing them – it’s our job as your lawyer to make sure they are met, and ensure action is taken when the other side fails to meet them.
Give us a call on our free claims helpline today on 0800 634 75 75.
