Enquire about claiming now
Our personal injury claim guide below outlines how Myers Lister Price Injury Lawyers can help in making a personal injury claim for you.
What happens when you make a claim:-
1. We write to the person or organisation that caused the accident or their insurers on your behalf. This is known as a ‘letter of claim’ and sets out to the other party why we believe they were at fault and what we are claiming from them. They have 21 days to respond and acknowledge receipt of this letter.
2. The other party then has a further 90 days to admit or deny liability. This provides time for them to investigate your claim. If liability is denied and documentary evidence disclosed, we will review your claim to ensure it is still valid and that you still have a more than reasonable chance of success.
3. We obtain a medical report for your injuries. We look to agree which Doctor to use and you may be bound by the conclusion of that report. As well as giving an opinion on whether or when you will recover (the ‘prognosis’), the Doctor may check your medical history to see if anything else is playing a part in your symptoms.
4. We look to negotiate an amicable out-of-court settlement with the other party, which can usually only happen if they admit partial or full responsibility for the accident. If liability is admitted and your medical evidence is complete, it will then be a case of valuing your claim. We will advise you on any offer made by the other party and we can also put settlement proposals to them.
5. Court proceedings are issued if we are unable to agree an acceptable settlement with the other party. This however does not mean your case will necessarily go to a trial.
6. The other party files a Defence to your claim for compensation, which sets out the other party’s arguments regarding ‘liability’ i.e. whose fault it was and ‘quantum’ i.e. how much your claim is worth.
7. Both parties exchange details of any documents to be used as evidence to support their allegations. Here, we may need documents to support aspects of your claim such as wage slips or photographs, additional travel expenses etc.
8. Witness statements are exchanged. You are also included as a ‘witness’ to comment on what happened and the effects of your injuries together with statements from any independent witnesses.
9. A List of your financial expenditure is prepared, which is known as a ’schedule of loss.’ The Defendant can serve their own version if they disagree yours, which is known as a ‘counter-schedule’.
10. A trial takes place and the Court makes a decision. It is unusual for cases to reach this stage and most cases are settled much sooner. We shall represent you at any hearings necessary in the County Court and you will be fully supported.
PLEASE NOTE THIS CANNOT BE A COMPLETE GUIDE TO ALL THE POSSIBLE PROCEDURES. WE WILL LET YOU KNOW WHEN ANYTHING ELSE SIGNIFICANT BECOMES RELEVANT TO YOUR CASE
