After having an auto accident understanding the claim Process by Smith Jones Solicitors
Step-by-step on how to make a claim after an injury
After a traumatic accident, the process of making an insurance claim can seem daunting. You don’t want any further stress but the possibility of financial compensation is not one to ignore. Whatever your cause of accident, there will be a claim to be made and the process does not to be complicated.
Here’s a simple step-by-step guide to follow after having an auto accident understanding the claim Process :
Step 1 – Research a good injury solicitor
Following an accident and injury, you (the claimant) will need to start by researching a good personal injury solicitor. The personal claims industry has thousands of different organisations to choose from so do your research online by reading a variety of company reviews. Feel free to ring up and talk to members of your proposed legal team and get a feel for their manner.
Step 2 – Evidence is collected
After selection of a solicitor they will begin to gather evidence of your accident and injury. This involves writing to witnesses and getting further information from yourself and your employers. You will usually need to talk to your solicitor face to face where you will discuss the facts of the case.
If any evidence requires paper documentation is important that you keep any letters, reports or invoices you may have. It’s actually a legal obligation to do so. A medical report will also be instructed to a doctor, you will normally have to wait until after any treatment so that the total cost of your injury can be ascertained.
Step 3 – A Letter of claim is prepared
Once enough information has been gathered, your solicitor will write a letter of claim and send to the person, business or organisation that you think is responsible (the defendant).
Step 4 – Defendant investigates claim
Following submission of the letter of claim, a waiting game begins. Unfortunately no one can control how quickly a defendant will reply to a claim latter, it can be a very slow process.
Step 5 – Solicitor issues proceedings
The next stage is to order court proceedings. The ‘pre-action protocol’ is set in place to encourage the exchange of info between the defendant and claimant, so that both sides can be properly investigated. The protocol needs to be followed in order for a court case to run smoothly, if it is not followed the court may have to make cost orders against a party or even dismiss a claim. To ensure your court case runs smoothly always reply to the queries of your solicitors as soon as possible.
Step 6 – Solicitor or court serves proceedings and the case begins.
Once the court proceedings have been issued, the court must serve (start) proceedings within 4 months. The case then proceeds; if your case is settled before the trial it means the defendant will pay you as approved in the settlement. If parties cannot resolve the dispute it will do to trial to govern the liability and damage amount.
Step 7 – Defendant found liable
If the defendant is found liable, it’s now that you’ll be paid your damages in accordance with the court order.
This article is brought to you from Smith Jones Solicitors who offer a bespoke service with
Personal injury solicitors in Wales
Cardiff solicitors for personal injury
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