Compensation injury claims process
The compensation injury claims process works mostly on a no win no fee* system. In order to work out what the claim might be worth and after confirming that it’s eligible, certain key facts must be considered. The value of the claim depends on
Which parts of the body were injured and how seriously
Damage, pain and suffering already evidenced
here’s the tricky bit, likely future needs
Likely future needs to work out the value of the compensation injury award to be made, means assessing the likely future care and medical needs, general support, equipment and loss of earnings. When making the award, the law assesses on General Damages, the costs already incurred and on Special Damages, the likely future needs.
For these reasons a person seeking compensation injury award needs to check the eligibility of their claim,and also not to delay, because there is a statutory limitation of three years during which a claim can be made. It is important to remember that it takes time for a legal representative to prepare the case for a compensation injury award, so don’t take it up to the line. The “other side” is given a period of up to three months to respond to a claim. They, too, must prepare their defence. However, once a settlement has been agreed, the payment is awarded quite quickly. It’s only if the settlement amount is disputed and the case goes to court that the process is delayed and the costs mount up.
The no win no fee* system in the UK means that the winning side can claim payment of the legal fees and their success fee from the losing side. However, from April 2013, the winning side will have to contribute 25% of the success fee. Costs are always discretionary and although solicitors can make predictions about how the case might go, the final award depends on the judgement made. Claimants of compensation injury should always do their homework beforehand and be clear about the potential costs in both the winning and losing outcome.
Date Published: April 23, 2013
Author: David Brown