Claiming for compensation is not as complicated as it may seem. However, the thought of taking “legal action” for some people, is something they simply do not want to spend time doing as they’ll worry that it will take too long and involve attending court and all sorts of hassle..
So the purpose of this blog, is to simply put people’s minds at ease, and to ensure you that if you are thinking you’re entitled to compensation, then you should genuinely look in to making a claim!
So what is the procedure?
There are two mains protocols involved for the common compensation claims; the first is the Road Traffic Accident Protocol and the second being the Personal Injury protocol.
1 – Road Traffic Accident Protocol
As the name suggests, this is the protocol used for road traffic accidents including claims involving pedestrians. Here something called the Claim Notification Form is submitted to the other side, who then have 15 working days to reply to us with a decision regarding liability. As the title suggests, this blog focuses on what happens next. Once liability is admitted, you will be sent for a medical exam performed by a medico-legal expert. This expert has a duty to the court and therefore is independently instructed. The report that this expert compiles is then what your solicitor will use to value the claim. Under this protocol it is your solicitors that make the first offer to settle to the claim by sending a stage 2 settlement pack to the other side. The defendant then has to reply to this saying whether they accept or reject, and the settlement negotiations continue like this until you are happy with the amount and have sought appropriate legal advice on whether you should settle your claim.
2 – Personal Injury Protocol
This covers things such as accidents at work, slip and trips and occupiers liability claims. It differs slightly from the above that was brought in to speed up the process of making a motoring claim. Here a letter of claim (rather than a CNF) is submitted to the other side, who then have 21 days to acknowledge receipt, and 3 months to investigate the claim and then return with their decision on liability. Now, if they accept liability, the process is the same as above in that a medico-legal expert examines you and confirms the injuries suffered. However, under this protocol it is not your solicitors that offer a settlement but the defendant who must make the first move once the medical evidence has been submitted to them. Again, as with the above, the settlement negotiations then begin.
So, as you can see, once liability is admitted this is not the end of the claim and certainly does not mean that a settlement will be agreed in a short amount of time therefore it is paramount that you do not rely on any compensation prior to receiving the cheque! Of course, your solicitor can request an interim payment to help if you are really suffering and therefore you should always speak to them about this.
Liability can also be admitted but have certain conditions attached to it such as contributory negligence or subject to medical causation and therefore this should always be fully explained to you.
So if you feel you may have a claim contact The Injury Lawyers now and we can discuss the next steps.
