A simple, visual guide to help you understand the process of brain and spinal injury claims and the support we offer from initial video call, through to making a claim and receiving compensation. All on a no-win-no-fee basis. Find out what happens next.
Step 1.
Initial chat between you and your solicitor to discuss your, or your loved one’s incident, and the injuries sustained. Your solicitor will give you advice on whether the criteria for proving negligence is likely to be met, and can be pursued on a no win, no fee basis.
Step 2.
A letter of claim will be sent at an early stage to the wrongdoer or their insurers, and we will invite the insurers to participate in addressing your rehabilitation needs. Your solicitor will also start investigating your case, and will obtain witness statements and other evidence about the incident.
Step 3.
Within 21 days, the insurance company should confirm to us whether they are agreeable to the joint instruction of an IMMEDIATE NEEDS ASSESSMENT
Step 4.
A suitably qualified health professional will meet with you at your home or in hospital to assess your medical, treatment and care needs, and will then prepare a report with recommendations and a plan for your rehabilitation. This will be submitted to your solicitor and to the insurance company dealing with the claim.
Step 5.
The insurance company will have 21 days to review the immediate needs assessment. If there is a possibility or likelihood that fault will be admitted, either in full or in part at a later stage, the insurer may agree to fund the recommended treatment. This will provide you with access to much needed private treatment, such as intensive physiotherapy, psychological therapy or the cost of making adaptations to your home, at an early stage in your claim. Alternatively, the insurer may make an advance payment of damages to enable you to fund your own rehabilitation.
Step 6.
A case manager will be appointed to work with you. Your case manager is normally an occupational therapist or similar professional who will help to arrange appointments and treatment with other healthcare professionals, and will source carers and any equipment that you need. Your case manager will provide regular reports on your progress to your solicitor and the insurance company.
Step 7.
Your solicitor will continue to investigate and prepare your case whilst you are able to focus on your rehabilitation from your injuries with the right treatment in place. This will include obtaining witness statements to prove fault, and medical reports to evidence the extent of your injuries. Experts will be instructed to assess your future care and treatment needs to ensure you recover sufficient damages to cover any ongoing treatment and care costs in the future.
Step 8.
Once all investigations are complete, your solicitor will negotiate settlement of your claim. This may mean that we need to raise an action in court to ensure you receive adequate compensation for your injuries. If a court action is raised, the court will issue a timetable for your solicitor and opponent’s solicitor to follow, which has a number of deadlines including dates for lodging a valuation of your claim, exchanging medical reports and other documents, and completing your written case.
Step 9.
The court will fix a date for the evidential hearing. Before this takes place, there will be a pre-trial meeting, when your legal team will meet with your opponent’s legal team and discuss whether a settlement can be agreed. Many cases will settle at this stage, meaning you do not need to attend court to give evidence.
Step 10.
If we cannot agree a settlement with your opponent, the case may proceed to a full hearing where witnesses attend to give evidence. The judge will make a decision after hearing the evidence of witnesses at the hearing. If you are successful, compensation is awarded.
Outcome.
Judge makes a decision on the case after listening to evidence from the witnesses at the hearing. If you are successful compensation is awarded, if you are unsuccessful no compensation is awarded.
Please note: Throughout the case the wrongdoer is able to make an offer or offers in settlement at any point from the date of receiving the letter of claim to the evidential hearing. We will offer advice and guidance on the fairness of the offer, and you may accept or reject the offer. If you accept, the case will come to an end. If you reject the process continues.