The Process Explained
What is the procedure for making a claim?
At Digby Brown we are aware that an accident can leave people feeling vulnerable and frustrated, which is why we have a highly trained and experienced team to give you all the support you need. The process begins as soon as you get in touch either by email [insert link] or by phoning 0845 2732323. We will take details of the accident and you can speak to one of our experienced lawyers who will be able to give you initial advice on your claim. Wherever possible we like to follow up the initial conversation by arranging a face to face meeting with new clients. This gives the client an opportunity to meet the person who will be handling the case and it allows us to take a detailed statement about the accident and your injuries. Sometimes geographical difficulties make it difficult to arrange an immediate meeting and in that event we will take a detailed statement over the phone. If your injuries prevent you attending one of our offices, we will be happy to visit you at your home or in hospital.
At this first meeting we will explain exactly what steps we will be taking to get you compensation and let you know what you can do to help us. We never charge for the initial meeting. We operate on a no win, no fee basis and we will discuss the funding of the case. It is very important that if you have a previous medical history (see below) which may be relevant to the claim, you should tell us straight away.
Following this meeting we will submit a claim on your behalf by writing to the person responsible for the accident telling them why we believe they are liable to pay you compensation. In almost all cases we will be dealing not with the person who caused the accident but with their insurers.
We will need to obtain a medical report so that we can value your case . We will also calculate any loss of past or future earnings as well as any other head of claim that might apply. Depending on the severity of your injuries we may advise you to wait before getting a medical report if, for example, you are still undergoing treatment or awaiting an operation. In that event we really have to wait for your medical condition to stabilise although it may be possible for us to obtain an interim payment.
How long will my claim take?
It is important to appreciate that there is no set time scale for how long it takes to negotiate settlement. It all depends upon the particular circumstances of the claim and with which insurer we are dealing. Typically, we should know the insurer’s attitude towards liability within six months of submitting the claim.
What if the insurance company doesn’t pay?
Where we believe an insurance company is being too slow in settling your claim, or if it denies liability, or makes an offer which we consider to be too low, we will advise you on the prospects of success in a court action to force the insurance company to pay adequate compensation.
If a court action has to be raised, it usually takes about a year for the case to progress through court to a final hearing. It is of course open to the other side at any stage in a court action to make a settlement offer and this frequently happens. Only a very small percentage – approximately 2% - of court actions which are raised ever proceed to a final hearing although often the settlement may take place shortly before the final hearing or even on the morning of the hearing.
What can I do to assist my claim?
After your accident you should keep as many written notes as you can. Remember that it may take some time for your case to come to a final hearing, and the courts generally favour written records over simple recollection. You should keep a note of the names and addresses of any witnesses or anyone else who might be able to supply helpful information. Where possible it is important to photograph and measure evidence as soon as possible as the evidence may be removed or repaired.
You should also retain wage slips, receipts and invoices which may be relevant to your claim. The more documentation we have the easier it will be to pursue a particular claim.
Other sources of compensation
In addition to making a claim against someone who has caused your accident there are other sources of compensation which may be available to you.
Private Insurance
Some employers have private insurance schemes which allow you to claim from them if you have an accident at work, even if you cannot show that the accident was anyone else’s fault. This type of scheme is more common with larger employers. You should always check with your employer to see if they have this type of insurance cover. You should, however, always be careful to check with a Solicitor before signing any document which might prevent you from bringing a negligence claim.
DWP Benefits
The DWP will pay industrial benefits if you have an accident at work or if you are suffering from an industrial disease. You have to show that you are suffering a minimum level of disability. Digby Brown has its own welfare rights advisors and if you wish to know more about claiming DWP benefits we can arrange for them to contact you.
Previous Medical Conditions
It is very common to find that an accident may have aggravated a condition which was present before the accident. For example, someone may have had a history of back pain which the accident has made worse. We usually recover the claimant’s medical records and if the case goes to court the other side will also be able to recover the medical records. For that reason it is very important that if you have a previous medical history which may be relevant to the claim, you should tell us at the outset.
What can I claim for?
Pain and suffering
You can claim compensation for your physical injuries, including scarring or other disfigurement as well as psychological injury. Obviously, the amount that you receive in compensation will vary according to the severity of your injuries. To allow us to assess the value of your claim for pain and suffering we always have to obtain a medical report, usually from a specialist, but in the case of minor injuries, from your GP. Factors which are taken into account in assessing the level of compensation include:
- The severity of your injury
- The extent to which your injury has resulted in long-term or permanent disability
- The extent to which your injury has disrupted your life
Damages for pain and suffering are calculated by reference to previously decided court cases.
Loss of earnings
If you have to take time off work because of an accident, you will be able to recover any loss of earnings. Your claim is based upon the amount which you would have taken home rather than your gross earnings. You will not pay tax on your award of damages.
Normally your claim for loss of earnings is based upon your average take-home pay during the 3-month period before the accident. While we will obtain a schedule of earnings from your employer it can be helpful if you retain pay slips for the period before the accident and for the period of absence so that we can check these against the information provided by your employer.
DWP (Dept. of Work and Pensions) Benefits
Following an accident, the insurers of the person who compensates you are obliged to repay the DWP benefits to the DWP out of any award of damages. Not all DWP benefits have to be repaid. The position is complicated but we will be able to advise you on how much you have to repay. It is important to know that DWP benefits are only repaid out of certain parts of your damages. They are never repayable out of your award for pain and suffering.
Future loss of earnings
You are under a general duty if you have been injured to minimise your losses. This means that if you are unable to return to your old job you have to take all reasonable steps to find a job which you are capable of doing. If you have to give up work because of the accident this may affect your future pension entitlement. Again we can take this into account and include any loss of pension rights in your claim.
What else can I claim for?
If you suffer damage to clothing or personal effects such as glasses, dentures or crash helmets you can claim for these. It is important that you retain the damaged items as the insurers may wish to inspect them. If you have the receipts for the damaged items or for replacement items you should retain these as well.
You can claim for expenses which you have incurred following an accident such as taxi fares or prescription charges provided that what you are claiming is reasonable. If you have to hire a car because your own is damaged it should be possible to claim the hire charges although you should discuss hiring a replacement vehicle with us before entering into a hire contract. Again you should keep receipts for any items of expenditure that you wish to claim.
In cases of serious injury you can claim the cost of items such as wheelchairs which you may need, as well as nursing and care costs.
If you have been looked after by a relative following an accident it may be possible to claim compensation for them for the services which have been provided to you. It is important that you should keep a diary or other written record of the services which have been provided as this will make it much easier to calculate the level of compensation.
If as a result of injuries which you have sustained you are unable to do any jobs around the house, or for your family, you may be able to claim compensation. Examples would be housework, gardening, car maintenance, DIY. If you have had to pay tradesmen to do jobs that you would previously have been able to do yourself, it is again very important that you keep receipts.
What is the procedure for making a claim?
At Digby Brown we are aware that an accident can leave people feeling vulnerable and frustrated, which is why we have a highly trained and experienced team to give you all the support you need. The process begins as soon as you get in touch either by email [insert link] or by phoning 0845 2732323. We will take details of the accident and you can speak to one of our experienced lawyers who will be able to give you initial advice on your claim. Wherever possible we like to follow up the initial conversation by arranging a face to face meeting with new clients. This gives the client an opportunity to meet the person who will be handling the case and it allows us to take a detailed statement about the accident and your injuries. Sometimes geographical difficulties make it difficult to arrange an immediate meeting and in that event we will take a detailed statement over the phone. If your injuries prevent you attending one of our offices, we will be happy to visit you at your home or in hospital.
At this first meeting we will explain exactly what steps we will be taking to get you compensation and let you know what you can do to help us. We never charge for the initial meeting. We operate on a no win, no fee basis and we will discuss the funding of the case. It is very important that if you have a previous medical history (see below) which may be relevant to the claim, you should tell us straight away.
Following this meeting we will submit a claim on your behalf by writing to the person responsible for the accident telling them why we believe they are liable to pay you compensation. In almost all cases we will be dealing not with the person who caused the accident but with their insurers.
We will need to obtain a medical report so that we can value your case . We will also calculate any loss of past or future earnings as well as any other head of claim that might apply. Depending on the severity of your injuries we may advise you to wait before getting a medical report if, for example, you are still undergoing treatment or awaiting an operation. In that event we really have to wait for your medical condition to stabilise although it may be possible for us to obtain an interim payment.
How long will my claim take?
It is important to appreciate that there is no set time scale for how long it takes to negotiate settlement. It all depends upon the particular circumstances of the claim and with which insurer we are dealing. Typically, we should know the insurer’s attitude towards liability within six months of submitting the claim.
What if the insurance company doesn’t pay?
Where we believe an insurance company is being too slow in settling your claim, or if it denies liability, or makes an offer which we consider to be too low, we will advise you on the prospects of success in a court action to force the insurance company to pay adequate compensation.
If a court action has to be raised, it usually takes about a year for the case to progress through court to a final hearing. It is of course open to the other side at any stage in a court action to make a settlement offer and this frequently happens. Only a very small percentage – approximately 2% - of court actions which are raised ever proceed to a final hearing although often the settlement may take place shortly before the final hearing or even on the morning of the hearing.
What can I do to assist my claim?
After your accident you should keep as many written notes as you can. Remember that it may take some time for your case to come to a final hearing, and the courts generally favour written records over simple recollection. You should keep a note of the names and addresses of any witnesses or anyone else who might be able to supply helpful information. Where possible it is important to photograph and measure evidence as soon as possible as the evidence may be removed or repaired.
You should also retain wage slips, receipts and invoices which may be relevant to your claim. The more documentation we have the easier it will be to pursue a particular claim.
Other sources of compensation
In addition to making a claim against someone who has caused your accident there are other sources of compensation which may be available to you.
Private Insurance
Some employers have private insurance schemes which allow you to claim from them if you have an accident at work, even if you cannot show that the accident was anyone else’s fault. This type of scheme is more common with larger employers. You should always check with your employer to see if they have this type of insurance cover. You should, however, always be careful to check with a Solicitor before signing any document which might prevent you from bringing a negligence claim.
DWP Benefits
The DWP will pay industrial benefits if you have an accident at work or if you are suffering from an industrial disease. You have to show that you are suffering a minimum level of disability. Digby Brown has its own welfare rights advisors and if you wish to know more about claiming DWP benefits we can arrange for them to contact you.
Previous Medical Conditions
It is very common to find that an accident may have aggravated a condition which was present before the accident. For example, someone may have had a history of back pain which the accident has made worse. We usually recover the claimant’s medical records and if the case goes to court the other side will also be able to recover the medical records. For that reason it is very important that if you have a previous medical history which may be relevant to the claim, you should tell us at the outset.
What can I claim for?
Pain and suffering
You can claim compensation for your physical injuries, including scarring or other disfigurement as well as psychological injury. Obviously, the amount that you receive in compensation will vary according to the severity of your injuries. To allow us to assess the value of your claim for pain and suffering we always have to obtain a medical report, usually from a specialist, but in the case of minor injuries, from your GP. Factors which are taken into account in assessing the level of compensation include:
- The severity of your injury
- The extent to which your injury has resulted in long-term or permanent disability
- The extent to which your injury has disrupted your life
Damages for pain and suffering are calculated by reference to previously decided court cases.
Loss of earnings
If you have to take time off work because of an accident, you will be able to recover any loss of earnings. Your claim is based upon the amount which you would have taken home rather than your gross earnings. You will not pay tax on your award of damages.
Normally your claim for loss of earnings is based upon your average take-home pay during the 3-month period before the accident. While we will obtain a schedule of earnings from your employer it can be helpful if you retain pay slips for the period before the accident and for the period of absence so that we can check these against the information provided by your employer.
DWP (Dept. of Work and Pensions) Benefits
Following an accident, the insurers of the person who compensates you are obliged to repay the DWP benefits to the DWP out of any award of damages. Not all DWP benefits have to be repaid. The position is complicated but we will be able to advise you on how much you have to repay. It is important to know that DWP benefits are only repaid out of certain parts of your damages. They are never repayable out of your award for pain and suffering.
Future loss of earnings
You are under a general duty if you have been injured to minimise your losses. This means that if you are unable to return to your old job you have to take all reasonable steps to find a job which you are capable of doing. If you have to give up work because of the accident this may affect your future pension entitlement. Again we can take this into account and include any loss of pension rights in your claim.
What else can I claim for?
If you suffer damage to clothing or personal effects such as glasses, dentures or crash helmets you can claim for these. It is important that you retain the damaged items as the insurers may wish to inspect them. If you have the receipts for the damaged items or for replacement items you should retain these as well.
You can claim for expenses which you have incurred following an accident such as taxi fares or prescription charges provided that what you are claiming is reasonable. If you have to hire a car because your own is damaged it should be possible to claim the hire charges although you should discuss hiring a replacement vehicle with us before entering into a hire contract. Again you should keep receipts for any items of expenditure that you wish to claim.
In cases of serious injury you can claim the cost of items such as wheelchairs which you may need, as well as nursing and care costs.
If you have been looked after by a relative following an accident it may be possible to claim compensation for them for the services which have been provided to you. It is important that you should keep a diary or other written record of the services which have been provided as this will make it much easier to calculate the level of compensation.
If as a result of injuries which you have sustained you are unable to do any jobs around the house, or for your family, you may be able to claim compensation. Examples would be housework, gardening, car maintenance, DIY. If you have had to pay tradesmen to do jobs that you would previously have been able to do yourself, it is again very important that you keep receipts.
