Guide to compensation
Accidents involving personal injuries can be traumatic experiences and specialist help is essential. If you've been involved in an accident that wasn’t your fault and suffered a personal injury, you are entitled to make a compensation claim. Ford Legal Solicitors are dedicated and experienced personal injury solicitors who will pursue your compensation claim. From start to finish, we aim to make the whole process as simple and easy to understand as possible.
By recognising that every compensation claim for personal injury is different, we will take a uniquely personal approach to your case; spending time getting to know you and your circumstances, so that we can work to meet your individual needs.
Ford Legal Solicitors are committed to quality service and excellent client care. And of course let’s not forget that we operate a NO WIN - NO FEE policy. It means you never have a looming debt and always have total peace of mind!
And finally, do remember that there are strict time limits in place to make any personal injury claim, so do not delay in contacting us. |
How the Compensation Process Works
Most of us find making any legal claim a challenging proposition. Fortunately, we at Ford Legal Solicitors are used to dealing with people involved in a claim for the first time, so we will guide and help you through the process, reducing the stress and making it really simple.
Whilst we'll do everything we can to keep your claim moving as quickly as possible, it is often difficult to estimate how long a resolution will take. Most simple claims can be resolved within months but more complex cases can take a year to 18 months. The time frame really depends on how quickly you are recovering and how complex your claim is. Claims cannot be settled until medical experts are able to assess what the future holds for you, so obtaining the best evidence to properly assess your claim is vital.
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1. The first steps
In order to decide whether a claim is viable or not, you will have an initial consultation with one of our solicitors to discuss the circumstances of your case. With our NO WIN – NO FEE policy, this consultation, like all subsequent ones, is free. If we consider that your claim merits further investigation we will carry out those investigations and gather necessary evidence. When we fully understand the grounds upon which we hold another party responsible we will communicate the details of your claim to that party. This letter of claim is then usually passed on to their insurers or solicitors for further action.
2. Gathering evidence
Your solicitor and occasionally other agencies, for example, the Police, will collate evidence to support your claim. Similarly, all medical evidence will be gathered by qualified medical practitioners who can assess the nature and extent of your illness or injury.
3. Establishing your losses
The financial losses and expenses you've incurred in relation to the suffering caused by your accident are important calculations that will be summarised by your solicitor.
4. Starting negotiations
It is important to note that the majority of claims are settled without the need for court action as each side is usually keen to negotiate a settlement. Your solicitor will represent your best interests and keep you informed of progress throughout. Court really is a last resort
5. Issuing Court proceedings
Occasionally, when negotiations are unsuccessful, your solicitor will prepare to issue court proceedings to force a conclusion. The normal sequence of events is as follows
- The court timetable
The timetable for court proceedings is usually set by the court.
- Disclosing documents
As part of pursuing your claim, your solicitor will send all relevant documents in support of your claim to the alleged negligent party. In return, they will send all the legal arguments that they intend to rely on in court. It is important therefore, that you methodically retain documents relevant to both the circumstances of your claim and losses/expenses you have incurred. All these details should be passed to your solicitor on request.
- Evidence from witnesses
Your solicitor will obtain statements from witnesses relevant to your claim on the issue of who was at fault, and in the case of experts, a view on how much your claim is worth. Both parties will exchange witness statements in relation to the claim. If the evidence of those witnesses does not concur, they may be asked to give evidence at a trial.
- Evidence from Experts
Generally, in most straightforward cases the only expert evidence required is that of one medical professional. Occasionally, however, the judge may decide that each side should have their own medical expert. Furthermore, in more complex injuries, more than one medical expert and one claim assessor expert, for example an accountant, may be required.
Finally, if there is a disagreement regarding who was at fault, experts in areas such as accident reconstruction or engineering may also be asked to give testimony. All of these experts may be asked to answer questions from the opposing solicitors and if there are experts on each side they are usually asked by the judge to meet to identify areas of agreement and to prepare a joint report. Those experts may be asked to give evidence in court or the judge may solely rely on their written evidence.
- Preparing the final schedule of Losses and Expenses
In consultation with you, your solicitor will prepare a final schedule of losses and expenses. Subject to your approval, he will send that schedule to the alleged negligent party who will respond with a counter schedule outlining areas where they agree and differ.
6. Trial
Generally, the majority of personal injury cases settle before they reach trial. A minority of cases, however, will go to trial because the solicitors cannot agree on who was at fault or cannot agree on the amount of compensation to which you are entitled. At the trial, the judge will hear the evidence and make a decision about who was at fault. The judge will also decide what amount should be awarded in compensation.
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