There are a number of questions that are asked by most people about their claim. Hopefully this will answer some of them but please feel free to ask if your questions are not answered here.
This depends partly on how co-operative the Defendant’s insurers are and partly on how long you take to recover. It is not in your interests to settle a claim too early if you have not fully recovered as claims are settled on a ‘once and for all’ basis - i.e. you can’t come back for more if you do not recover as quickly as anticipated. However, for our part we do not allow any avoidable delays - for example, if the other side are trying to drag the claim out, we will issue civil court proceedings to put pressure on them. However, a note of caution should be added in respect of ‘pothole’ or road/pavement defect claims, as these invariably take longer.
Hopefully very little - that’s what we are here for! All you need to do is attend a medical appointment arranged by us (this will be in your own locality) and let us have any information that we ask for, promptly.
Your own doctor or the hospital will only be concerned with getting you better. For the purposes of your claim we need a detailed medical report setting out your injuries and giving a prognosis for your recovery, as this is how your compensation is valued. Your own doctor will not usually be considered ‘independent’ for the purposes of a claim.
If you win your case, then your opponent’s insurers have to pay a contribution towards your legal costs, and also the fees for medical reports, court fees etc. (called “disbursements”) as well as your compensation. However, we can no longer recover the success fee from your opponent, nor the cost of any “after the event” insurance policy which you may decide to take out. If you lose your claim we are not paid. However, the disbursements still have to be paid. If we have any strong doubts about your case we will be cautious about incurring these expenses unless you already have legal expenses insurance in place to cover you for these.
Extremely unlikely. Issuing proceedings simply means putting the court process in motion by sending a claim form to the court. There are a number of procedural steps that have to be followed before a hearing and the court sets a timetable which the other party’s insurers (or, usually by then, their solicitors) have to follow. This usually means that we can force them to get on with dealing with your claim. Very occasionally the insurers simply won’t get on with matters and the case will proceed to a final hearing (only a very small proportion of cases). However, these days the courts will often deal with deciding your case without you having to attend, at what is called a ‘disposal hearing’. So all in all, your chances of having to actually attend court are very low.