The Claims Process

Initially, we will investigate whether you have suffered harm as a result of negligence. We will do this on the basis of what you tell us, and your medical notes. We will also need to refer your case to an expert or a range of experts. We will then tell you what our view is of your claim, and talk to you about the money you might recover.

The amount varies, of course, depending on your injuries and your individual circumstances, but it may include loss of earnings (past and future), as well as the costs you have incurred and losses suffered as a result of your injury. You may also be entitled to damages for pain, suffering and effects on your everyday life. In severe cases, we may also seek damages for past and future care, equipment or alterations to your home.

We aim to conclude your case within 2 years of being instructed, but often cases take longer (usually where more severe injury is involved). The vast majority of cases do not proceed to a final hearing in court, so we try to settle the case by negotiation with your opponent first. If this is impossible, we will pursue your case to trial.

In certain circumstances, the court can award an ‘interim payment’ and pay a proportion of the likely compensation award early. This is only possible if there is an admission by your opponent of negligence and that this negligence caused the injuries in question. Usually an interim payment must be spent on specific items, such as accommodation, equipment, adaptations to an existing property or vehicle, or setting up a care regime.

Once the compensation award has been finalised, we can advise you about the best means of funding appropriate care over the patient's lifetime. The court will decide whether the compensation will be paid in one lump sum or in instalments, known as periodical payments. Such instalments are likely to be appropriate where there is need for substantial provision for the cost of future care.

Please contact us to discuss whether you have a claim. We offer a free initial interview in which we will tell you if your case deserves further investigation. Alternatively, complete and submit our short online form for a free initial assessment.

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Simon Elliman
Partner
T: 01225 777464 (DDI)
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Paul Rumley
Partner
T: 01793 536526 (DDI)
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Gerry Ferguson
Partner
T: 01225 425731 (DDI)
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