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Frequently Asked Questions
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What details do I have to give you?
All you have to do is type your question into the question portal on the homepage and you will receive a response from one of our compensation experts within 60 minutes. In addition to your question we ask that you provide us with your e-mail address (so that we can send you the answer to your question) and your telephone number so that if you wish to engage in a free telephone consultation, the appropriate claims expert is able to contact you.
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What is the claim process?
Step 1:
Research...
First of all you need to find out if you have a claim to make...- Research our guides for more information
- Get advice from a professional – ask one of our compensation claims experts and you will know, within 15 minutes, whether or not you have a claim. All you have to do is type your question into the portal on the homepage and our experts will reply to you for free with no obligation.
Step 2:
Find a claims expert...
If you find that you do have a claim, it is likely that you will need a claims expert to help you with the rest of your case.
Here at compensation claims, we can put you into direct contact with compensation experts right now – all you have to do is ask them a question.Step 3:
Proceed with claim...
- A letter will be sent to the defendant detailing your injury and the facts that demonstrate negligence.
- You may have to wait a certain length of time (usually detailed in the letter) for the defendant to investigate your claim and decide whether or not they wish to contest it.
Step 4:
Either the defendant chooses to opt for a 'Part 36 offer' and is willing to settle out of court or they are not.What is a Part 36 offer? It is an offer or a payment made by the defendant to a claimant to settle all or part of a claim after proceedings have started.
If the defendant accepts liability, a settlement will be negotiated depending on what you and your claims expert believe to be an appropriate sum. If the defendant is willing to accept this value, you might not even have to go to court. However, if the defendant does not agree with figure you have come up with, they might respond with their own offer in which case, you will need to consult once again with your compensation claims expert.
Sometimes things are not so straight forward: if the defendant does not respond to your claim letter, or if an agreement cannot be reached on the settlement amount, then you will have to make the decision of whether or not you wish to pursue your case to court.
If you do decide that court is the way you want to go, your claims expert will prepare your case for court. In this situation, it is very likely that your case will be heard by a magistrate but don't worry; you probably won't have to speak in court. It is then the magistrate's decision as to whether or not your claim is successful. If it is, the defendant will be legally obliged to pay your compensation and the process will end when that payment is made.
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How long does the process take?
Unfortunately, there is no simple answer to this question as each compensation claim is unique and considered on its own merits. The time it takes for your case to reach settlement is very much dependant on the details of your individual circumstances.
If the defendant agrees that they are at fault and accepts the amount you are requesting in compensation, your claim could be settled relatively quickly – in a matter of months.
However, if the defendant refuses to accept the blame or rejects the amount of compensation you have requested, the case will probably go to court which could prolong the process a little. You will have to wait for a court date to be set and it may take more than one court appearance for all the evidence to be heard.
There are (generally speaking) two things that can slow down the process of a personal injury claim:
- Attributing Blame (sometimes there will be arguments with the opposition about the circumstances of the accident and who was to blame)
- Quantum -the amount that your claims expert thinks that you should receive.
Once blame is established, the defendant has the right to argue the compensation sum that you have presented them with and this could take a while. It is important to remember at this stage that making a compensation claim is not always a straightforward process leading to a quick return. Compensation claims can require an awful lot of patience but if you have a good claims expert, they will get you the compensation you deserve; the compensation you request will therefore be a fair amount meaning that the opposition will be likely to accept.
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How do Compensation Claims make money?
Compensationclaims.co.uk is owned by Ison Harrison solicitors. The service is free of charge for users. In the event that we agree to act for you and are successful with your claim, then we shall receive payment of legal fees in addition to your compensation. No deductions will be made from your compensation if you win and there will be no charges if you lose.
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How much compensation will I receive?
The amount of compensation you receive will depend entirely on what type of claim you are pursuing. It is important to be realistic with yourself right from the beginning with regards to how much you think you should get for your claim. In addition, it is vital that you employ the services of the most suitable expert to deal with your claim so that your chances of claiming an acceptable and appropriate figure will be heightened.
So many things are taken into account in order to determine a claim sum which means that accurate hypothetical estimations are not generally possible. Here are some of the things that your claim might be judged on:
- The age of the client (for example, in fatal accident claims, generally the younger deceased, the greater the dependency claim by the partner and children).
- The nature and extent of the injuries sustained.
- Gender of the client (usually damages for personal injury are the same for both men and women. However, if injuries result in permanent scarring to the skin, there can be a difference weighted in favour of females)
- Personal attributes and fortitude of the client (if two clients are the same age, experience and suffer the same injury, it does not necessarily mean that they will be affected the same as we are all different).
- Special damages (For example, extra costs, repair or replacement of damaged property, lost earnings, loss of irreplaceable items, additional domestic costs, etc)
So, as you can see, there are a lot of situation-specific variables within this list meaning that cases really do depend on individual circumstances. For the most accurate advice it is definitely best to speak with a claims expert.
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Do I need medical evidence?
To make a claim for compensation, you will need some medical evidence of your injuries and a medical record is usually required. It will be necessary to send for a medical examination in order to prove that you have suffered an injury.
Following your examination by an independent doctor in your area, you will receive a report detailing the injuries you have suffered and when or if your recovery is likely.
There are a few minor injury cases (such as bruising) in which a settlement figure can be agreed just using your hospital notes and photographs of the injury but these are rare. It is much better to get expert advice about your injuries and recovery. The medical report often strengthens your case and enables you to claim back for things like rehabilitation such as physiotherapy, or psychological therapy for anxiety, depression or post traumatic stress, etc.
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Will my claim affect my job?
Regardless of your industry sector, the fact is; it is the legal duty of every employer to ensure the safety their employees and any visitors to their premises. UK Health and safety legislation is designed to protect employees, minimising the risk of accident and injury in the workplace. For this reason, all employers are obliged by law to have Employer’s Liability Insurance which should cover them if an employee is injured in the work place.
Therefore, there is no point in worrying about the possible repercussions of taking the company you work for to court as they should be covered. Here at compensation claims, we can give you the advice you need and can put your mind at rest. We will answer any compensation query that you have for free, within 60 minutes and with no obligation – all you have to do is type in your question.