posted on 02 01,2018 / 7:13 am
With the rise of UK statistics for accident claims, it is common for people to be unsure about the process. We have compiled this summary here to help you identify and familiarize yourself with the accident claims process step-by-step. The best way, however, to find out for certain is to speak with a personal injury lawyer or expert solicitor. Find a solicitor in your area who can help you.
Once you have enlisted the help of a personal injury lawyer or specialist solicitor, their first step will be to send a claim letter to the person/ people or company you are holding responsible for your injury. This is also known as the defendant. The purpose of this letter is to set out the details of your injury and what happened.
In certain cases, you would need an expert opinion to support your personal injury claim, for example, from a doctor. The first contact usually includes this evidence.
The defendant has to reply to the letter within a fixed period – usually no more than 3 months. The defendant must state whether they accept or deny liability for your injury. If they accept liability, your personal injury lawyer will try to settle the matter out of court on your behalf.
The next step in the personal injury claims process would be to ascertain the value of your claim. You can use a claim calculator to estimate claim amounts. Your solicitor, however, will be able to refine this amount based on similar cases and circumstances. You will be asked for the amount of compensation you’re prepared to accept. This is whether you want to make an “offer to settle” for that amount (known as “Part 36 Offer”). Your solicitor will tell you whether you should make a Part 36 offer and how this will affect you.
If the defendant “responds reasonably” to this offer and there is an agreed figure, the matter can be settled without going to court. In some situations, the defendant may reply with their own Part 36 offer. You can evaluate this and discuss it with your legal representation appropriately.
In the event where you cannot settle for a fair amount out of court, your personal injury lawyer will advise you on whether to start legal action. Generally, this happens when the defendant says they are not liable for paying your compensation. In this case, your solicitor will advise you to go to court to challenge. They will ask the court to award you compensation.
You can consider many other factors when you are evaluating your options for making successful accident claims or injury claims. In the end, it is essential to know your rights, and know that there is help at hand. Get to know more about injury law with Types of Personal Injury Claims and how Compensation Works, and start your claims process today.