Making an Industrial Disease Claim? Find your guide here.
Making a claim isn’t a process most people are familiar with. Here’s a step-by-step guide as to what will happen next:
- Contact one of our team: You will be immediately put in touch with one of our solicitors who will arrange a convenient appointment and visit you at a location of choice. We guarantee a home visit by a solicitor within three hours of your call.
- A solicitor will meet with you face-to-face and take relevant details about your accident or injury. This means you won’t have to fill in lengthy forms.
The information we will collect depends on the claim you are making:Accidents at work: circumstances of accident, witnesses, location, previous problems and names of involved parties e.g. full title of your employer. Road traffic accident: name, address of the person who caused the accident, registration number.
If you were hit by an uninsured or untraced driver do not worry – see our guide to making a claim
to the MIB.
- For Serious Injury only: Depending on the severity of your injuries we will arrange an immediate needs assessment with Bush & Co. See their guide to an immediate needs assessment; the cost will be paid for by the insurers.
- The solicitor opens a file immediately.
- If appropriate we will send you our ‘no win, no fee’ agreement and medical mandate in the post. The ‘no win, no fee’ agreement is called the Conditional Fee Agreement and confirms that if you lose there is nothing to pay. This is our contract with you. If you win all you pay is the success fee. Here’s an approximation of how we charge:
- RTA: Never more than 15% plus VAT
- Public Liability: Never more than 20% plus VAT
- Serious Injury: Never more than 10% plus VAT
- Accidents at Work: Never more than 20% plus VAT
- Industrial Disease: Never more than 20% plus VAT (Should you be suffering mesothelioma then no success fee is chargeable from your damages i.e. the service is free.)
- At this time you will also sign a medical mandate form if relevant giving us permission to use your medical notes.
- We will apply for your GP and hospital notes so we can instruct a medical expert to prepare a report on your injuries if necessary.
- We will send a claim form to the insurers for the person or company that caused your injury or accident. The time the insurer has to respond depends on your claim:
Road Traffic Accident: 21 daysPublic Liability: 40 daysAccident at Work: 30 days
- We receive your medical notes and instruct a medical expert. The expert contacts you directly with an appointment for examination. For Serious Injury cases this happens three months after your initial meeting with a solicitor. For other claims it is two months.
- The medical expert writes a report on your injuries and sends it to us. We place a valuation on your claim based on the report.
- Serious Injury: these cases can take time to settle, often between 18 months and 3 years. This is because, to enable the proper assessment as to the value of your claim, there needs to be a clear opinion and prognosis from a medical expert.
- Interim payments can be sought from the insurer. Immediately after instructing us we can lend you, interest free, up to £2500 before the insurer is willing to make an interim payment.
To find out more about how a claim is valued take a look at our article on how compensation is calculated.
- After speaking with you, we send a copy of the report and detail settlement proposals to your opponent’s insurer.
Your opponent’s insurer will confirm if liability is admitted or denied:
- If liability is admitted then we negotiate monetary settlement on your behalf, subject to your instructions
- If a settlement is reached then your damages are paid to you by cheque.
- We will then seek to agree costs with your opponent’s insurer.
- If the insurer does not offer reasonable settlement terms then we will issue Court Proceedings (if you wish).
- If liability is denied the insurer must give proper reasons for a denial, supported by documentary evidence as appropriate. We will then come back to you to build a claim against the opponent.
- Initially we will attempt to negotiate with the opponent. Should they maintain their denial or fail to offer a reasonable settlement proposal we will issue Court Proceedings, if we believe it has a reasonable chance of progressing.
To make a claim get in contact with us today.
Landline: 0114 267 8780
Freephone: 0800 163 622