It can be a really shaking experience when you are involved in an accident that causes personal injury of any sort. In such a case, undoubtedly, the first thing to get is medical assistance. But to help you recover the personal losses, filing a compensation claim is also pertinent.
In this article, we are going to discuss the steps to filing a compensation claim to help you know the process better.
Personal Injury: Understanding The Compensation Claims Process
In the personal injury claims process, you (the injured party) can make damage claims to get a response from the defendant. The matter is then settled outside or is taken to court for judgment. A personal injury compensation claim can be filed by following the given steps.
Collecting Evidence
You need to collect all the evidence related to the incident. The evidence can include photographs, medical bills, police and medical reports, and even witness statements.
You may write down even your statement; this will help establish the responsibility of the third party for the injury caused during the compensation claims process.
Now that you have collected the related evidence to support your claim, you need to find an able solicitor to examine and further your case.
Ensure that you choose a seasoned law firm with experience in personal injury-related cases.
Calculating Losses
Here, you will need to figure out the total losses that you have incurred due to the injury. This includes all the monetary expenses that went into treating the injury, your earning losses, and the suffering you had to deal with.
Your solicitor can help you reach the calculation and then reach a rational compensation claim amount.
Submitting The Letter Of Claim
Your solicitor will send the claims letter to the third party on your behalf. This document will encapsulate all the requisite information about the incident and why you think they (the third party) are responsible for the injury.
The third-party will hand over this letter to their insurance company. Who have 3 months from the date of the letter to figure out their opinion and investigate the claims.
Negotiating A Settlement
You will be intimidated once the third-party’s insurer offers any settlement offers. To get clarity, you can consult your solicitor to assess if the offer is good enough or needs further negotiation.
If in case the negotiation fails, the claim can be pursued through the courts. However, remember that you are bound by the Limitation Period to file the case in the courts, i.e., within 3 years of the incident.
Court Trials
When the negotiation reaches this step, it is much more likely that your claim’s timeline is going to stretch a little further.
In this case, you may need to be present in the court for the hearings with your solicitor. Here, your solicitor, all the evidence and the arguments to strengthen your legal claims.
Reaching A Settlement
Once the court admits your claims to be valid and just, it can direct the third party to disburse the claim for the loss of earnings and the pain you had to deal with.
After confirming your acceptance, the solicitor awaits the settlement money from the third party, usually a cheque. You will receive the compensation money after adjusting for the success fee promised to the solicitor.
Failed Claims
Yes, you may even have to deal with a failed claim at the end of the compensation claims process.
The good part is that if you choose the no-win, no-fee agreement, you won’t have to pay for anything upon a loss except court fee-related charges.
Tips For Navigating Your Compensation Claim
Here are a few tips that can help you strengthen your compensation claim success:
- It is always a good idea to seek legal advice early on in the case; this will help you identify your rights and ensure a strong case from the start.
- Honesty is the best policy, so ensure that you give an accurate account of the accident, even if you were at fault somewhere.
- Compensation claims processes can take a little longer to proceed further, especially when your case is complex. So, it would be best if you handled things more patiently.
Parting Words
There is a monumental role played by the legal representation you choose to make your personal injury claims a success. But the question is, where to find a reliable solicitor to help you through this problem?
Lawyersorted.com has got you covered; you can browse through list of law firms there and choose the law firm that suits your case needs.
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