Being involved in an accident can be a stressful and confusing time and therefore many people often are left at a loss as to what to do next in relation to making a claim for compensation. This should not be the case as the Civil Procedure Rules (the legal rules that govern civil claims) are in place to ensure making a claim is as simple as possible.
So what are these procedures when dealing with an accident?
Seek medical attention
After an accident this is usually the first thing that anybody thinks of and of course this is not just for the purposes of having medical evidence for any claim, but to ensure you seek the correct treatment for any injuries you have sustained. Not getting medical attention straight away does not mean that you won’t be able to make claim – it just may affect it as the defence may argue that if you were able to go a few days with the injury, it may not be as serious as alleged. Of course, this is not always the case as sometimes seeking medical attention straight away can be difficult – GP appointments are notoriously hard to get.
Medical evidence is the main thing that any compensation settlement will be assessed on as the more severe and long-lasting your injuries are, the higher the amount of compensation we get for you. Also, if it is recommended that you need some form of treatment such as physiotherapy this is something we can arrange for you immediately on a private basis.
Seek the help of a solicitor
It is always important to seek your own legal representation as then you are able to see if they are the ones for you. If you have had a road traffic accident it is likely that you’re insurance will try to link you up with one of their solicitors. However, this is a way of the insurance company offering you the minimum compensation award – they are a business after all and its their job to maximise their own profits. Get advice from an independent law firm first before agreeing to settle the claim through the insurance company.
If you have had an accident at work it is likely that your employer may wish to settle with you directly – however this also runs the risk of under settling. Here at The Injury Lawyers, we are a genuine law firm that does not pay referral fees and are 100% committed to ensuring you receive 100% of the compensation you deserve. As we only work in personal injury we have the required experience and knowledge in dealing with these type of claims.
Road traffic accidents – These are dealt with by their own unique protocol. We will collect all the information on a Claim Notification Form. This is then submitted electronically to the other side who have 15 working days to respond with an admission or denial of liability.
Other common personal injury claims – (accidents at work, slip and trips, council claims) These involve compiling a letter of claim which is then sent to the defendants. They then have 21 days to acknowledge receipt of this letter and 3 months to do their own investigations and come back with an admission or denial of liability.
Agree your settlement
If a defendant admits liability, your solicitor will then seek to collect all relevant medical evidence and then look to negotiate a settlement. This part heavily involves you as it is YOU and ONLY YOU that can agree to settle or agree to reject and make a counter offer (our role is to advise you on what we think of the proposed offer and guide you, however if you want to settle you are well within your rights).
So if you would like to discuss your particular accident and how it will run, contact us today!
