Making a compensation claim

Most people that contact us are reluctant participants. Few individuals actually wish to make a No win No fee compensation claim.

So why do it?

If you have suffered personal injury as a result of someone else's negligence then you have the right to make a compensation claim. That's the first point to make.

There are limitations and you only have a certain period to make your claim (learn more and also see our claim deadline calculator tool here). However if you have suffered harm then you have a fundamental right to claim compensation in certain circumstances.

Compensation will be based on the extent of the personal injury suffered and of course on consequential items such as earnings (see injury at work) and other out of pocket expenses. You can claim back vehicle repair or replacement costs by making a car accident claim. You may also recover the costs of much needed physiotherapy, medication, services (such as gardening / DIY costs etc) and much more. By receiving damages for these items you are aiding your recovery and easing any financial burdens that your injuries may have brought upon you.

By receiving damages for these items you are aiding your recovery and easing any financial burdens that your injuries may have brought upon you. The process involved in making a claim is actually more straightforward than people realise.

When dealing with The Claims Connection - you are immediately in touch with the lawyers that will deal with your claim. No middlemen, no intermediary. You do not have to explain your case over and over to different people.

We talk to you in detail about the process providing constant advice and assistance throughout your claim. Underpinning our service is a pledge that you do not have any costs to pay in pursuing your accident claim. This applies win or lose.

If you have a genuine compensation claim then you have nothing to be wary of in pursuing rightful damages. There are legal complexities but the accident claims scheme that we offer, simplifies matters and protects your needs fully.

Some important questions answered:

Q. What does it cost to make a claim?
A.

There are no payments up front to claim when you use our service. We also ensure you receive 75% of any compensation awarded, the remaining 25% goes towards your legal fees (known as a success fee).

Q. So where's the catch?
A.

There is no catch. We work on the basis that if we win your claim, the insurers for the other party will pay your legal fees (but not your 25% success fee). If the claim is unsuccessful - we cannot charge you anything because of the no win no fee scheme that we operate.

Q. Is there much hassle or inconvenience?

A.

There are some simple forms to complete in order for us to start your case. You will also need to visit a local medical doctor at some stage so that we can prove your claim.

Q. How long do claims take to settle?
A.

This really depends on the severity of the injury but most soft tissue claims will usually settle within 6 months.

Q. How much compensation can I expect?
A.

Again, not an easy question to answer but we have provided some general guidelines about what awards you can expect. (claim awards)

To help you with the legal terminology, please read our Personal injury glossary.

Most people who make a personal injury claim do so reluctantly. Very little is generally known about the process and there have been many negative news stories in the press in recent years. If you are thinking of making a claim, the following information will help to explain the process in straightforward terms and hopefully allay any fears you might have about proceeding with your case.

Limitation
How long do you have to make a claim? The law requires in the form of the limitation act that a personal injury claim must either be resolved within 3 years from the date of injury, or that proceedings have commenced at Court within that time period. There are very few exceptions to this rule. Most claims are concluded within 9-12 months and only a very small proportion will ever make it to court.
 
The responsible party
Your personal injury claim will be dealt with by the insurers of the responsible party. It is the insurer who will pay your damages not the individual or the company that may ultimately have been responsible for the injury.
 
The Protocol
All claims in England & Wales are subject to a "Personal Injury Protocol" which lays down the rules by which both solicitors and insurers must abide by during the claim. The protocol ensures that both sides play fair.
 
Starting the claim
To start your case a "letter of claim" is sent to the responsible party's insurers. This letter sets out why the claim is being brought and what injuries have been suffered. It gives the insurer a detailed overview of your claim so that they may investigate the what happened and make a judgement on liability.
 
Liability
Under the protocol, an insurer is allowed 3 months from the date of the "letter of claim" to admit or deny liability. If liability is to be denied then the insurer must supply witness evidence in support of their arguments. They cannot simply refuse to deal with your claim.
 
Medical evidence
In order to prove that you suffered an injury as a result of the accident it will be necessary to send you for a medical examination. You will be examined by an independent doctor in your local area. The doctor will be one that the insurers have agreed to. Following your examination, the doctor will provide a report on your injuries. This report is vital because it describes the injury suffered and confirms when or if your recovery is likely.
 
Compensation
Once the medical report is received and you have approved the factual content the evidence is then sent to the insurers and both sides can negotiate and decide on the level of compensation that you are likely to receive. The compensation is generally divided into two parts:
  1. General Damages
    In other words damages for pain & suffering including loss of amenity. This ward compensates you for the suffering you have encountered usually in its physical form e.g. whiplash, broken leg, strained muscles etc. However, it is also possible to be compensated for psychological distress, post traumatic stress disorder, or to a much lesser extent anxiety e.g. fear of driving or fear of being in a certain situation.
  2. Special Damages
    You will also receive compensation for specific losses attributable to the accident. These include but are not limited to - loss of earnings (also bonuses or overtime) car hire expenses, care and services, extra expenses i.e.; travel costs incurred going to doctors, hospitals, etc, damaged clothing, prescription charged and so on. You need to keep a note of all these parts of your claim, and preferably receipts so that when we eventually calculate your claim for special damages we will be able to include all these items. It is sometimes possible to arrange for an interim or early payment of certain losses e.g.. Insurance excess, car hire, loss of earnings (usually the insurers will demand medical evidence before paying earnings). All interim payments are deducted from final global damages.
Settlement
It is normal for insurance companies to settle personal injury claims without the need to go to Court. As explained earlier very few claims ever reach court. The main reason for this is that the insurers realise that claims generally cost more money in terms of legal fees if they involve court proceedings. Following release of the medical report, most claims are capable of settlement and we negotiate a full and final award for compensation.