The Claims Process

In order to make a claim, we need to find out how the accident happened. We may need to contact witnesses, as well as talking to you about this. Once we have established the facts, we can tell you our view on the merits of your claim.

We must be able to show that you have been injured and that the injury was caused by the negligence, or carelessness, of someone else. Sometimes this is easy to prove but some claims are complex and even if you are partly to blame, you may still have a reduced claim.

Once we have established that you have a valid claim, we will talk to you about the best way to fund it and the level of compensation you may receive. The amount of money you can recover varies but it may include loss of earnings, as well as any expenses you have incurred as a result of your injury.

You may also be entitled to damages for pain, suffering and loss of amenity. If you have been seriously injured, we will arrange rehabilitation and physiotherapy treatment to aid your recovery.

Although there are exceptions, a claim must usually be made in court within three years of the date of your accident. It is sometimes possible to extend that period if you did not know that you had been injured: please talk to us if you think that is the case.

Claims rarely take less than six months to resolve, and complex ones can take a number of years. Depending on your injuries, we would aim to conclude your case within 12-18 months of being instructed.

The claims process is complex but our compassionate, experienced team is here to help guide you through it. We will always give you our honest view of your claim and its progress.

Basic Steps in a Claim

The following will give you an idea of the things that we have to do during the course of a claim, and the things that we ask you to do. There will of course be any number of additional steps to be taken depending on the type of claim you have.

For us to Do
 
For you to do
Send Letter of Claim to Defendant or their insurers.
 
Fill in questionnaires giving details of accident, injuries and expenses.
Correspond with the insurers or those representing the person you are claiming against and try to secure admission of liability.
 
Fill in a medical authority form. This will authorise us to request copies of your medical records.
Prepare list of expenses and losses and send to insurers.
 
Keep a diary of symptoms
Obtain copies of your GP and other medical records. (The medical expert we instruct will need to see these so as to be fully informed about your medical history).
 
Keep us informed of expenses and losses as they arise and send us documentary evidence
Obtain interim payment from insurers if liability is not disputed.
 
Undergo any medical treatment as advised by your GP or other medical practitioner.
Arrange for you to be examined by independent medical expert (normally a GP or consultant selected by us).
 
Keep us informed about the progress of treatment.
Advise you on the value of your claim based on medical report.
 
Attend examination by a medical expert.
Negotiate a settlement with insurers and obtain cheque for your compensation.
 
Sign Court documents if claim cannot be settled amicably.
Issue Court proceedings if necessary.
 
 

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Tracy Norris-Evans
Partner
T: 01865 268632 (DDI)
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