Compensation Claims Letter
Compensation Claims: A 7-step Guide to the Personal Injury Claims Process
By Jessica A Parker
You can make a personal injury claim in the UK on a no win, no fee basis. But how do these personal injury claims really work, and what are the possible outcomes?
Here is a brief outline of the claims process you will go through if you choose to make a no win, no fee personal injury claim. Many of the steps listed here can be completed by your solicitor in your absence, and the rest will be explained to you in more detail by your solicitor.
1) Finding a solicitor to handle your case
First of all, you need to find or be assigned a solicitor. Sometimes, this is done via a claims company, who will assess whether you have a valid personal injury claim before assigning you a specialist solicitor in your area, and sometimes people go to solicitors directly.
The choice entirely down to personal discretion and convenience, and should not make a difference to the compensation to which you are entitled.
2) Consultation with the solicitor
Once you have found a solicitor, they will ask you some questions about your accident and injury, and decide on how to proceed with your claim.
3) Letter of Claim
The solicitor will then send a Letter of Claim to the defendant, which will state that you will be claiming compensation for your injuries, which were caused by their fault.
4) Medical assessment
The solicitor will instruct an expert to asses you medically and determine the precise nature of your injury. The medical assessment will usually be more useful for your claim if you have initiated the claim within a short period of the accident occurring.
5) Schedule of Losses
The solicitor will next prepare a Schedule of Losses, which lists all the losses you intend to claim for (such as loss of earnings and pain and suffering), and send this to the defendants, asking them to pay compensation.
6) Claim accepted/Claim disputed
If the claim is accepted, that means the defendant has accepted responsibility, and the solicitor will need to negotiate with them for your compensation. If this happens, the claim is now settled and you will be paid compensation, along with the costs for your solicitor. If the claim is disputed and an agreement cannot be reached, it will go to court.
7) Case Lost/Case won
If the case is lost, you will not have to pay any costs, because the solicitor will have taken on the case on a no win, no fee basis. This means that when they took on the case, they accepted that not winning it would mean they would not be paid. If the case is won, you will receive compensation agreed or fixed by the court, along with solicitors' fees with which to pay your solicitor.
A straightforward process?
On the whole, the claims process should be fairly straightforward, though it can take quite a long time from start to finish, and will probably be more likely to succeed if the claim is made very soon after the accident occurred.
For these reasons, if you think you might want to make a personal injury compensation claim, it is sensible to seek specialist advice straight away, so that the claim will be initiated as soon as possible.
March 18, 2011
10:39 pm
Did the bite break the skin? Did the mailcarrier have to have any medical work done? Ask to see pictures and doctor’s statements.
techinally he can, whether it was an accident or not. But no not fork over any money without seeing statements/pictures and speaking to your attourny.
April 5, 2011
5:48 pm
how to write a letter to authorize my friend to represent and claim for me to my real estate agent?
I and my friend had bought a house which had city code violations that our agent had not specified them. And we’d like to claim her and her company for compensation. But i need to leave the country for months, therefore, how do i write a authorization letter to let my friend represent me to proceed and execute the claim?
April 16, 2011
2:45 pm
how to explain mistake unreported wages to unemployment compensation investigation letter?
received letter from unemployment stating wages reported by me were different than those reported by company. My wife did my claim by phone and incorrectly reported my return to work date. I am being investigated for fraud because she reported I was unemployed for a week I actually worked. How do I respond to this letter effectively so I don’t lose my benefits for 52 weeks due to fraud?
May 6, 2011
2:59 pm
Write to them explaining the circumstances and that your wife took on the responsibility for making the claim and she made the mistake. Above all apologise.
May 30, 2011
8:34 pm
How long till benefits start from VA after receiving letter?
My husband has received a letter from the VA saying they received his application for benefits. He already receives VA Compensation for his knees. I remember him getting this letter when he was in the process of trying to get disability for his knees, now he’s going to be getting disability for his PTSD. Does anyone know approximately how long till the pay will start? They shouldn’t need anymore info. I’m also wondering if he’ll get back pay from the day his first claim was opened?
June 8, 2011
7:53 pm
I agree, you should of done your due diligence then you would not be in this position.
Your question, I believe it will cost you much more money to chase this one then what you will realize in the end. If you insist, get a GOOD attorney. They will have all the forms and know HOW to fill them out.
June 15, 2011
7:51 pm
it can take up to 6 months and it starts from when the claim has been approved, not from when it was initiated
July 3, 2011
8:08 pm
What does it mean when “Your claim for Emergency Unemployment Compensation extension IS allowed” ?
I have exhausted my Unemployment Benefits last September 2008 and applied for the Emergency Unemployment Extension and this is a letter I recieved. Will I be recieving again for the next 13 weeks?
July 26, 2011
5:09 am
it means they are going to EXTEND your beniefits!
enjoy!
July 29, 2011
10:33 pm
my dog bite a couriers finger when he put a card through the letter box?
ive had a letter from the franchise courier company with pictures saying my dog attacked the delivery man when a card was posted through letter box . My dog always goes for the letters and must of caught the mans fingers completely by accident can he claim compensation from me!!! as i’m worried about this .
My dog is a big soft golden retriever (help anyone who knows the law) thank you