comercrawley solicitors

Frequently Asked Questions (FAQ's)

What are the time limits for making a claim?

What is the procedure for making a claim?

Will I have to go to Court?

How long will my claim take?

How much is my injury claim worth?




What are the time limits for making a claim?
The general rule is that court proceedings must be started within three years of the incident that gives rise to the claim (or when you realised that you had suffered a significant injury as a result, if you only became aware of this later).

If you were under 18 at the time, the time limit does not start to run until you reach 18. There are, however, exceptions to the general time limit of three years and in some cases it can be less than three years (for example, air and sea accidents and criminal injuries compensation claims).

It is therefore best that you seek legal advice as soon as possible after you have been injured.
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What is the procedure for making a claim?
The first stage is to investigate your claim so that we have all the details relating to the accident and the injuries and losses sustained. This will involve speaking to you in detail, and in appropriate cases, to witnesses.

The next stage is for us to write a letter of claim to the opponent to your claim in accordance with a protocol for pursuing personal injury claims. Where possible we will forward the letter of claim direct to the opponent's insurers. If this is not possible, we will send the letter direct to the opponent.

We hope to receive an acknowledgement within 21 days of the letter of claim being sent. Once acknowledged, the opponent's insurers then have three months (as a general rule) to investigate the claim, after which time they must advise whether liability for the accident is admitted or disputed.

If liability is disputed and the denial of liability maintained by the opponent, it will be necessary to commence court proceedings. The claim will then be progressed through various stages towards a final hearing to decide your case - a trial.

If liability is admitted, we will enter into negotiations to settle your claim. Before we can do this we will need to obtain a report from an independent medical expert giving full details of the extent of your injuries, including the long-term prognosis. We will also need to have full details of the financial losses and expenses that you have incurred.

We will advise you regarding any settlement offer put forward and the appropriate value of your claim. If it is not possible to reach a negotiated settlement of your claim, court proceedings will need to be started.
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Will I have to go to Court?
Court proceedings are necessary if liability for your claim is not accepted, or if the value of your claim cannot be agreed. Court proceedings are also necessary if it has not been possible to reach a settlement before the time limit for your claim expires.

The vast majority of claims settle by negotiation without the need to start court proceedings. Even where court proceedings are necessary, the vast majority of those cases will settle before a final hearing.
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How long will my claim take?
In many cases it will be possible to reach a settlement within 6 to 12 months. The claim will, however, take longer if your opponent disputes liability - or if there is a delay in obtaining medical evidence to negotiate a settlement.

Generally speaking, your claim will take longer if your injuries are more serious as it may take longer to find out the long-term prognosis (settlement of your claim is on a once and for all basis).

We will do all that we can to ensure that your claim is progressed as quickly as possible and, where liability has been admitted, we can seek an interim payment(s) to ease your financial situation.

Complex or very high value claims make take anything up to 3 or 4 years to conclude.
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How much is my injury claim worth?
This will depend on the nature of your injuries and the extent of the financial losses and expenses incurred as a direct result. There are two distinct types of compensation: general damages (for your injuries) and special damages (for your out of pocket losses and expenses). See What can I claim page for further details click here.
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If you have any other questions to ask, please contact us - by telephone, post or e-mail.