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The Claims Process
Compensation claims explained
If you’re thinking about making a personal injury claim, we know you might want to know a bit more about what’s involved.
While the process can vary depending on your case, we’ve outlined some of the main steps below to help you understand more about claiming.
If, after reading this, you’re still feeling unsure, you can reach us for free on 0800 234 6438 for advice on your claim without any pressure.
Step 1: Get in touch to find out whether you could claim
The first step towards making a compensation claim is to get in touch with us for free on 0800 234 6438 or by submitting the form at the top of this page.
You may feel hesitant about contacting us, because there’s an industry perception that we might force you into starting your claim right away – but this isn’t true. We’ll never push you into claiming – we’re simply here to learn more about what you’ve been through, and to give you the best possible advice.
During your call, we’ll also be able to run you through the claims process in a bit more detail and can answer any questions you might have.
After you’ve had your questions answered and we’ve found out a bit more about what you’ve been through, we’ll be able to let you know whether you could make a compensation claim.
You don’t have to take it any further if you don’t want to, but if you do decide you’d like to go ahead, we’ll then put you in touch with a specialist solicitor on the same call.
Step 2: Speak to one of our solicitors
After you’ve decided you’re ready to speak to a solicitor, we’ll transfer you to one of our specialist partner solicitors, who will have experience working with cases like yours.
They’ll answer any remaining questions you have and give you a free consultation on the next steps of your case.
If you decide to pursue your claim, your solicitor will become the main contact for your case – they’ll be on hand to answer any questions and keep you updated on its progress.
To be able to help you make a claim, they’ll need to ask for some more details about your injury and the impact it’s had on your life – this is so that they can make sure you receive all the compensation you’re owed.
Step 3: Your solicitor notifies the other party
Your solicitor will start your claim by letting the other party know that you’re making a claim.
To do this, they’ll send a ‘Letter of Claim’, which will include the details of your injuries and accident, as well as the effects it’s had on your life, finances and family.
The other party then has 21 days to acknowledge your letter of claim and will then either admit or deny ‘liability’ (responsibility) for your injuries. It’s not uncommon for them to deny liability at first – if this happens, your solicitor will gather evidence to prove that the accident was their fault.
Step 4: Your compensation is negotiated
During your claim, your solicitor will be able to do most of the hard work for you, leaving you with the time and space to concentrate on your recovery.
They’ll negotiate with the other party on your behalf and will keep you regularly updated on the progress of your claim. They’ll also be able to help you to decide whether to accept any compensation offers.
There might be some paperwork along the way, but they’ll be able to explain everything to you and can do most of it on your behalf.
Most of our claims are settled out of court. But if your claim does need to go to court, your solicitor will be able to give you advice and help – in some cases you might not even need to appear in person if you don’t want to.
Where possible, your solicitor may also be able to arrange for you to receive ‘interim payments’ of compensation – these are smaller compensation payments before your final settlement, which can cover your immediate needs and the short-term costs of your injuries.
Step 5: You receive your compensation
If your claim is successful, then you’ll receive your compensation – it’ll often be paid by the other party’s insurance company.
It’s difficult for us to say exactly how long your claim will take, because no two cases are the same. But once your claim has been settled, you’ll usually receive your compensation quite quickly – normally within two weeks to a month.
This video provides a simple guide to the compensation claims process and how you can get the compensation you are entitled to.
How much compensation will you receive?
Many people who get in touch with us are keen to know exactly how much money they’ll be able to receive. It’s difficult for us to give you an exact figure because every case is different, but you can try our online compensation calculator to get a guideline amount.
If you decide to make a claim, our solicitors will work out your compensation amount based on:
- Your pain and suffering
- The expenses caused by your injuries
- The wider effects of your accident on your life, future and family
Your free medical assessment
As part of your claim, your solicitor will arrange for you to go for a free medical assessment.
Although this might not sound like something you want to do at such a stressful time, it’s a good opportunity to get a second opinion on your injuries, and it also provides important evidence for your claim.
Your medical assessment usually only takes 20 minutes and can normally be organised locally. Based on your assessment, you’ll receive a written medical report which will be used as evidence of your injuries. Your solicitor will be able to give you more information about this when you speak to them.
No win no fee
You’ll usually be able to make your claim using our no win no fee agreement. This takes the financial risk out of claiming, because it makes sure you won’t be left out of pocket if your claim isn’t successful.
With no win no fee, you don’t have to pay any money if you don’t win your case. If you do win your claim, you’ll need to pay a success fee as a percentage of the compensation you receive – but this won’t make up more than 25%.