Compensation Claims FAQ’s

Why should you use Cuerdens Solicitors?

There are many benefits to pursuing your accident claim with Philip H Cuerden Solicitors. We ensure that the process of making your accident claim is as stress free as possible, with our experienced, professional team managing your case.

From day one, our team will look after your case and ensure that you receive the maximum compensation that you deserve.

  • Qualified Solicitors dealing with your accident claim
  • Maximum compensation
  • No Win No Fee service, so your claim is risk free
  • No expensive insurance policies or loans, which may not be recoverable at the conclusion of you accident claim
  • Regulated by the Solicitors Regulation Authority

Can I Claim Compensation?

You can claim compensation for any injury that was not your fault. For a successful compensation claim, someone or something must be partly to blame fo your injury; it can be another person, a company or any other organisation.
To help you get the compensation you are entitled to for your injury we must prove that there was negligence on the part of the third party, and as a result of this negligence you have been injured. In the case of an injury claim, negligence means that a person or organisation has been careless about something they have done or were supposed to do.

What is the process for claiming compensation?

Step 1: Assessing Your Claim

The first step, if you would like to make an injury compensation claim, is to get your claim assessed by an expert. Cuerdens Solicitors are Injury Compensation Experts; we will assess your claim for free. One of our solicitors will gather further details about your injury and how it occurred and we will let you know:

  1. Whether you have a viable compensation claim
  2. What your chances are of making a successful claim
  3. How much compensation you are likely to receive

Once one of our solicitors has evaluated your claim you can then decide whether you would like us to represent you on a no win no fee basis.

Step 2: Submitting Your Claim

If you decide to go ahead with your claim your solicitor will use the information you have provided to submit your claim against the individual or organisation who is to blame for your injuries. Usually the person you are claiming against will involve their insurance company and will also appoint their own solicitor to defend the claim. When you win your case it will be the insurance company who will pay your compensation and all solicitors’ fees. All correspondence about your case will go through your solicitor so you do not need to have direct contact with any of the other parties involved in the claim.

Step 3: Investigating Your Claim

The process of investigating and negotiating (Step 4) your claim can vary from 3 months to 12 months, or more 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 and consult with independent experts. You might also be asked to attend medical examinations. Once the solicitor has compiled their evidence it will be presented to the insurance company.

Step 4: Negotiating Settlement of Your Claim

Once they receive all the evidence the insurance company may 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. If you reject the settlement your claim might go to court, where settlement will be assessed by a judge who will also set the amount of the settlement.

Step 5: Settling Your Claim

Whether you settle before going to court or whether your compensation is set in court, you will receive the maximum compensation to which you are entitled.

What accidents & injuries could you claim for?

Injuries occur in all types of situations, if someone else is to blame for you injury then you could claim compensation. Common claims include:

How much compensation am I likely to get?

The amount of compensation awarded to you will be assessed based on:

  • The nature and severity of your personal injury and consequent symptoms
  • Your age
  • Your occupation
  • The extent to which your injury interrupts your work (in some cases having to find alternative work or retiring from work early)
  • Your leisure activities
  • Your domestic responsibilities and the extent to which your injury interferes with these.

As well as compensation you may be awarded special damages for loss of earnings, reimbursement of expenses, travel expenses etc.

How long will my 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. However you should expect your claim to take from 3 months to 12 months or more to settle depending on the complexity of the case.

In what situation will I be unable to make a claim?

a) Time Limitations

By law personal injury claims for compensation need to be submitted to court within a 3 year period, starting from the date of your accident or the date you were first diagnosed with a work related injury.

At Cuerdens solicitors we won’t accept cases that are close to the cut off date. For example we wouldn’t take on your claim if it was older than 2 ½ years. When a claim moves closer to the cut off point, it is likely that the opponent will try and slow the case down until the claim is no longer valid.

b) Insufficient Evidence

When assessing your claim, your appointed solicitor will evaluate who was at fault in your accident. In order to do this they will investigate your accident and establish beyond doubt that the party you are claiming against was at fault, at least partially. If there is insufficient evidence to prove this then your claim will probably not succeed. If this is the case we would advise you that you are unlikely to succeed and we would not pursue your claim.

c) Failure to Comply

For certain claims, such as Criminal Injuries or Motor Accidents, very specific rules must be followed when making claims. These include time frames for reporting the accident or incident as well as time frames for submitting your claim. If any of these rules have not been followed then you would not have a viable claim.

d) Small Claim Value

If the total compensation expected from your claim is below £1,000 then the courts will consider this a small claim and it will be dealt with differently. In this case, you would not be able to have a no win no fee agreement, as at the end of your case the court would not order your opponent to pay your legal costs. In this case we would advise you that you are better pursuing your claim through the Small Claims Court.

Will I have to go to court?

Nearly all claims are settled out of court. It is the prospect of court that makes an insurance company settle early as a court case incurs both time an cost for the company. If you case goes to court it will be because the insurance company claims the evidence is not conclusive or because a settlement figure could not be agreed.

If your case goes to court your solicitor will select a barrister to represent you in court. Your solicitor will also advise you about what to do throughout the process.

If the evidence that has been gathered is substantial then it is more than likely that your case will be settled without going to court.

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