How Does The Claim Process Work?

1. Initial Instructions
We will take initial instructions from you either by telephone or during an initial meeting either at your home or at our offices. We will advise you on the prospects of success, how you can help us and, if possible, what the likely value of your claim will be. We will of course answer any questions that you may have at that stage.

2. Confirmation of Instructions
We will confirm your instructions in writing, prepare a letter that we intend to send to the party whom we feel was responsible for the accident (for your approval) and confirm the terms upon which we will act for you - insurance cover, no win - no fee agreement, private retainer, etc.

3. Retainer
Most of our clients enter into a no win - no fee agreement with us if they do not have appropriate insurance cover. We will discuss the implications of our retainer with you and ask that you confirm agreement in writing.

4. Letter of Claim
The letter of claim will set out the full circumstances of your accident, details of your injuries and allegations as to why we are alleging your Opponent/Defendant is to blame for your accident and the injuries sustained. We will send it to your Opponent upon your approval

5. Acknowledgement of the Letter of Claim
Your Opponent and their Insurers have a period of 21 days in which to acknowledge receipt of the details of your claim.

6. Period of Investigation
Your Opponent has a period of a further 3 months in which to investigate your claim and respond with confirmation of their stance on liability, ie. they must let us know within this timeframe whether or not they are to accept responsibility for your accident. If liability is denied, your opponent must give reasons and provide disclosure of all relevant documents relating to the claim.

7. Review of Liability
Upon receipt of a formal response from your Opponent we shall review the prospects of you succeeding with your claim. If liability has been admitted (in full or part) or if it has been disputed and there remain good prospects of success, we shall recommend that your claim proceeds. If not, we will recommend that no further action is taken. There will be no charge to you.

8. Medical Appointment
We shall make arrangements on your behalf for you to be examined by an appropriate medical expert, such as an independent GP, Orthopaedic Surgeon, Plastic Surgeon, etc. The medical report prepared by the expert will assist us and the Court in valuing your claim and will set out a diagnosis of your injuries together with a prognosis for the future.

9. Preparation of Claim for Settlement
Once the medical evidence is complete and we have fully quantified your financial losses we shall disclose the medical report and supporting documentation to your Opponent’s Insurers for their consideration.

10. Settlement Negotiations
If your Opponent’s Insurers put forward proposals to settle your claim we shall advise you on its merits. This may involve the instruction of a Barrister to advise either in Conference or in writing.

We may recommend acceptance of the offer or indeed that you make a counter offer of your own.

If agreement is reached at this stage you can expect to receive your compensation monies with a further period of 4 - 6 weeks.

11. Issue of Proceedings
In the event that your Opponent does not put forward any proposals to settle your claim or makes what we consider to be derisory offers, we shall recommend that Court proceedings be commenced. We shall prepare all of the appropriate documentation for you to approve and ensure that insurance cover is in place to protect you from any cost liabilities. Once you have approved the Court documentation we shall send it to the Court and ask them to formally “issue proceedings” and to send copies of them to your Opponent. Now that the Court is involved your Opponent must instruct a firm of Solicitors and this of course may result in them opening up further negotiations.

12. Defence and Directions
Your Opponent must file with the Court a formal document called a Defence. The Defence will confirm whether liability is admitted or not. Following receipt of the Defence, the Court will set out a timetable for the Parties to comply with (dates for exchange of witness statements and additional reports, etc) leading up to a Trial date.

13. Trial
In the very unlikely event that your case proceeds to Trial so that a Judge is required to determine whether your claim should succeed, and if so, the level of compensation that you are to receive, then you are likely to be expected to attend at the Court Hearing in person to give evidence. We shall ensure that both your case and yourself are fully prepared for the Trial. If successful at Trial, your Opponent will be Ordered to pay your compensation within 4 - 6 weeks. Our costs will be paid on top.