Claiming Compensation: How it Works
Step 1: Assessing Your Claim
Step 2: Submitting Your Claim
Step 3: Investigating Your Claim
Step 4: Negotiating Settlement of Your Claim
Step 5: Settling Your Claim
Going to Court
How Long will it take?
Funding Your Claim
How much will you get?
Step 1: Assessing Your Claim
During the assessment of your claim, Accident Compensation 4 U and a solicitor will evaluate a number of factors:
- First and foremost, based on the information you provide us, Accident Compensation 4 U evaluates whether you have a claim and what the chances of success could be. In some cases it is not possible for us to take on a claim.
- Second, Accident Compensation 4 U will pass on the details of your claim to a Forum Law personal injury specialist solicitor based on the solicitor's experience and the circumstances of your accident.
- The solicitor will then: evaluate and tell you whether he/she can take the case on a NO WIN NO FEE basis and how much compensation you are likely to receive.
- You then decide whether you would like this solicitor to represent you or you wish to appoint another solicitor.
This stage is important. For more information about how your claim is assessed, read our Assessment FAQ.
Step 2: Submitting Your Claim
Your solicitor will use the information you have provided to submit your claim against the individual or organisation which is considered to be to blame for your accident and injuries. In turn they will involve in the process their insurance company who will also appoint a solicitor to represent them. Should the solicitor win your case, it is the insurance company who will pay for your compensation and the solicitor's fees.
Step 3: Investigating Your Claim
The process of investigating and negotiating (Step 4) your claim can last as long as 12 months for serious cases. During the investigation, your solicitor will gather evidence to support your claim: they will contact witnesses, check accident reports and medical records, consult with independent experts. You might also be asked to attend medical examinations (one for your solicitor and one for the insurance company). All the evidence will be presented to the insurance company.
Step 4: Negotiating Settlement of Your Claim
As evidence is submitted to the insurance company, it might decide to settle the claim by making you an offer. At this stage your solicitor will use its experience to advise you on whether the offer is suitable. Your claim might go to court, where settlement it will be assessed by a judge who will also set the amount of the settlement
Step 5: Settling Your Claim
You will decide whether to accept an offer made to you by an insurance company or not. Whether you settle before going to court, or whether your compensation is set in court, you will receive ALL the compensation you are offered by the insurance company. Your solicitor will recover its fees separately.
Going to Court
Nearly all claims are settled out of court. It is the prospect of court that makes an insurance company settle early. If the evidence gathered is substantial then this might well be the case. If your claim is heard in court, it means that either the insurance company claims the evidence is not enough or that a settlement figure could not be agreed. Based on the evidence and their experience, your solicitor will advise you about what to do throughout the process. If your case goes to court, your solicitor will select and instruct a barrister who will represent you in court.
How long will Your Claim Take?
How long your claim will take will depend on a number of factors including the type of accident, injuries, the nature and quality of the evidence, the insurance company's willingness to make a suitable offer, etc. It is difficult to foresee what will happen, however you should expect your claim to take up to 12 months to settle.
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