Determining the amount of compensation due if you make a compensation claim and win is not an easy process. There are a number of factors to take into account when making a claim for compensation including to what extent the party at fault was negligent, whether or not the injured party was partially responsible for their own injuries and of course the severity of the injuries as well as the financial costs incurred by the injured party as a result.
Initial assessment of damages
Once you have decided that you wish to pursue a claim for compensation, it is imperative that you seek legal representation from a reputable law firm such as Accident Advice Helpline. A solicitor appointed to your case will compile the evidence to support your claim, which may consist of medical reports and witness testimony. Your solicitor will then make an assessment of what they believe your claim to be worth. It is important to note that the estimate by your solicitor is intended as a guideline amount only, but a good solicitor will always strive to ensure that you receive the maximum amount of damages you are entitled to.
Part 36 offer
Under Civil Procedure rules, your solicitor will submit a Part 36 offer in writing to the alleged party at fault, which will outline the amount sought for compensation as well an offer to accept liability for the accident. The respondent party may accept total liability for the accident as well as the damages sought and will settle for the amount stated. The respondent party may also submit a counteroffer, contending liability or finding the damages to be unreasonable, with an offer for a smaller amount. Your solicitor will confer with you as to whether you wish to accept the lower amount and the chances of receiving a higher settlement in court.
Determination made by court
In the event that both parties are unable to reach an agreement as to the award of damages, then the amount will be decided by the court. This is often an undesirable outcome for both parties, as it will delay an expedient outcome to the case as well potentially increase the costs incurred by the parties. Speak to one of our friendly advisors on freephone 0800 689 0500 for more information.