Many people may think that claiming for compensation is complex, complicated, and full of hassle. Well, I am writing this blog to explain that it doesn’t have to be that way, and that claiming for personal injury is very procedural and systematic – so, whether you are perusing a claim against a global corporation or against an individual, the system is the same.
The system I am about to describe is that which most personal injury claims run through, except for road traffic accidents that took place after 30th April 2010 and are below a value of £10,000. If your claim is the exception then feel free to have a look at some of our other helpful blogs which will explain that process.
The first stage of beginning a claim for compensation is your solicitor sending out a Letter of Claim. This is the first correspondence a Defendant will receive on the matter and it aims to set out all the accident circumstances, your injuries, and the reasons for their negligence.
From the date of the Letter of Claim the Defendant has 21 days to acknowledge it. This acknowledgement letter would normally state that the Defendant has received the Letter of Claim and that they will investigate the matter. The Defendant will likely pass on the matter to their insurers and they will acknowledge the claim and will go on to investigate it.
The other side, whether it be the Defendants or their insurers, have 3 months from the date they acknowledge the claim to complete their investigations. This investigatory period may include the insurers sending enquiries to your law firm to clarify matters for them, such as the accident location, if this is something of which they are unsure.
It is within this time that the other side should come back to your solicitor with their decision regarding liability. Liability basically means fault; so if the other side admit liability, they are admitting fault, and you are on your way to getting a settlement. It is at this point that your solicitor will arrange for you to have a medical examination and begin to gather information regarding your financial losses. Once this information has been gained, you may be able to proceed to settlement.
If you have any further questions regarding your claim then feel free to give us a call.