The Claims Process

If we believe that you have a strong case, we will send a letter of claim to the party responsible and ask them to pass it on to their insurance company. The insurance company has 3 months to complete their investigation and decide whether or not they will compensate you. If they take longer, or deny responsibility, we can then begin court proceedings on your behalf.

Before going to court, we will arrange a medical examination for you with a GP or a specialist. Once the medical report is completed, we will assess the damages for your injuries and any other financial losses such as loss of earnings.

If the other side agrees to settle, this usually happens quite quickly. However, if we are not satisfied with the sum offered, then we may recommend that we start court proceedings to achieve a proper settlement.

How Much Will I Get?

By law, recoverable damages come in two main categories:

• General Damages which compensate you for the pain and suffering caused by your injuries.
• Special Damages which reimburse you for loss of earnings and other financial losses.

What About Future Loss Of Earnings?

A Future Loss Of Earnings claim entitles you to claim for earnings that you will lose in the future because of your accident. For example, you may have had to change your job for a lower paid job because of your injury, or worse still, you may not be able to work at all. We will calculate the sums involved and make your claim for you.

What About Loss Of Earning Capacity?

A Loss Of Earning Capacity claim entitles you to claim for the ‘employability’ that you have lost because because of your accident. For example, you may be able to work normally after your accident, but your injury may put you at risk of not reaching your normal retirement age, or may limit the jobs which you can do. In both cases, you would be entitled to an award for Loss Of Earning Capacity.

What About Interest?

Most types of damages will also attract interest, although the rate differs between General Damages & Special Damages. However, Future Loss Of Earnings and Loss Of Earning Capacity awards are not eligible for interest.

Will I Have To Go To Court?

Nowadays this is unlikely, but even if court proceedings are commenced the case will often be settled before it reaches the trial stage. For minor injuries, your case will be given a Fast Track trial period of no more than 30 weeks ahead. However, for cases involving more serious injuries, a Multitrack trial will be set with a longer timetable.

What Are The Costs Involved In Making A Claim?

We are well aware that many people are reluctant to contact a solicitor because they are concerned about ending up with a large legal bill. So at Marrons,  we offer a free initial consultation at which we will clearly explain what possible costs you will incur when making a claim. We can also offer the reassurance that you will have nothing to pay if your case is unsuccessful.