Making A Claim

Begin Here
Hover over each of the stages to find out more
1
The First Steps
2
Gathering Information
3
The CNF – Starting The Claim
4
The Other Side's Decision on Your Claim
13
Trial
14
Winning at Trial
15
Settlement - Compensation Payment
Step 1
The First Steps

This is where you tell us your story and what has happened.  We can call you or arrange to meet you to discuss the accident and your injuries.  If we can help to get you treatment right away, we will do so.  We will explain the claims process and answer any questions you may have.  We will also discuss how your claim will be funded – in most cases, on a “no win, no fee” basis.  The simple forms will be sent to you for signing or someone will come out to you to explain everything.

5
Medical Evidence
6
Out of Pocket Expenses
7
Settlement Negotiations
8
Negotiations Fail
9
Court Action - If Necessary!
10
Start of Proceedings
11
Court Directions
12
Further Negotiations
Step 1
The First Steps

This is where you tell us your story and what has happened.  We can call you or arrange to meet you to discuss the accident and your injuries.  If we can help to get you treatment right away, we will do so.  We will explain the claims process and answer any questions you may have.  We will also discuss how your claim will be funded – in most cases, on a “no win, no fee” basis.  The simple forms will be sent to you for signing or someone will come out to you to explain everything.

Step 2
Gathering Information

This is where you have confirmed we can act on your behalf, start to gather information and evidence to make your claim.  We may need to speak to you and discuss the accident with witnesses.  You may need to send us photographs of your injury or where the accident happened.  This will help us to build your claim for compensation.

Step 3
The CNF – Starting The Claim

When we have enough information, (i.e. we may need photographs), we will submit via an online portal a Claims Notification Form (CNF) to the insurer of the person or company we will be blaming for your accident.  Once sent, the other side will have up to 4 months to respond and tell us whether they accept liability (fault for the accident).  They may respond much sooner.

Step 4
The Other Side's Decision on Your Claim

If the other side accepts fault (often called liability) or if we think early on that your case is strong, we will gather medical evidence to support your injuries (see Medical Evidence).  If the other side deny fault then we will consider the evidence which they give in support of their denial and will advise you on the prospects of winning your claim.  We may need to involve a barrister depending on how complex your case is, but don’t worry, we will take care of all of this for you.

Step 5
Medical Evidence

You will need to go to a medical examination with one or more experts who specialise in assessing the type of injury you have suffered.  They will then prepare a detailed medical report which we will send to you for checking.  The report will set out the accident, how you were injured, how you have been affected at home and work and what the prognosis is should you still be suffering.  The report may recommend treatment for you.  Once the report is ready and approved by you, we will be able to send it to the other side and either enter into settlement negotiations (see Out of Pocket Expenses) or obtain any further medical evidence which may be needed.

Step 6
Out of Pocket Expenses

From the very first discussion and as we go along, it is important that you keep a note of all your losses and expenses due to the accident.  We can tell you what can be claimed, e.g. you may need to buy painkillers, pay for taxis for medical appointments or suffer a loss of earnings.  Remember to keep evidence of expenses (i.e. receipts, tickets etc).  You will need to send these to us and we may be able to get an upfront payment.

Step 7
Settlement Negotiations

When medical evidence is complete (even if you are still suffering from symptoms) and all out of pocket expenses have been calculated, we can begin to think about discussing settlement with the other side.  They may make an offer or we may suggest making the first offer.  We will let you know about any offers made and advise you along the way to ensure that you get the maximum compensation for your claim.

Step 8
Negotiations Fail

Most of the time the other side will make sensible offers but occasionally an agreement cannot be reached.  This is where we will review your case and decide whether to accept their offer or begin court proceedings.

Step 9
Court Action - If Necessary!

If the other side deny fault for your accident or if you are not being offered a reasonable amount of compensation for your injuries and losses, we may have to take court action to get the result you deserve.  This does not necessarily mean that your case will go to trial or final hearing.  Most cases still settle without the need for a final court hearing.  If you do need to go to a court hearing, we will instruct a barrister to represent you and present your case to the Judge.  We will guide and support you as we go along.

Step 10
Start of Proceedings

To start court proceedings, we will send to the Court, on your behalf, the details of your claim in what is called a “Claim Form and Particulars of Claim”.  The other side, known as the “Defendant” will have up to 28 days to provide their “Defence” detailing why they do not accept your claim.  They may state that liability (fault) for the accident is not disputed or give full reasons why they believe they are not responsible for what happened to you.  The “Defence” will also explain what parts of your claim are agreed or not agreed.

Step 11
Court Directions

This is where we explain how we want the Court to manage the case and confirm what experts and witnesses we will need.  The Defendant will do the same.  The Court will then send both sides a timetable for each side to comply with.  The deadlines are very strict and if they are missed, it can have serious consequences.  It is very important that we work as a team at this point and you respond to our requests quickly.

Step 12
Further Negotiations

It is usual to have further negotiations after court proceedings have started.  This is because the other side may be more willing to settle your case to avoid unnecessary legal costs.  We will continue to negotiate and advise you whether to accept their offer or proceed further to trial.

Step 13
Trial

If further negotiations fail, we may have to go to trial.  The trial is where a Judge will hear all the evidence from you and the other side and makes a decision about your case and whether you should be awarded any compensation.  If we do need to go to trial we will prepare your case and use a barrister to represent you.  A barrister is a lawyer who specialises in presenting cases to a Judge in court.

Step 14
Winning at Trial

At the end of the trial a Judge will make a decision having heard all the evidence.  If the Judge has to decide whose fault the accident was, they will explain their decision in a judgment.  If the Judge agrees that it was the Defendant’s fault they will also award you compensation for your injuries depending on your medical evidence and out of pocket expenses.  On the rare occasions we are unsuccessful, the Judge will explain his reasons but you will not be awarded any compensation and your case will be dismissed.

Step 15
Settlement - Compensation Payment

When your case reaches settlement or you win at trial, we will obtain a settlement cheque from the other side and we will forward the settlement on to you.  The Defendant will also pay the majority of your legal fees.  This will usually be between 3 to 6 weeks after the date when we agree settlement with the other side or after the final hearing date.

There may be some deductions to make from your settlement which we will have explained to you at the start of the claim.  We will make sure you know what these are before sending you your compensation.

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