The Claims Process

No two cases are the same. Whilst there will be many specific matters to consider, depending on your own particular circumstances, the following is a guide to the essential elements of most claims:

The legal requirement upon you as a claimant is to prove your case, not for the Defendant to disprove it. You are required to prove every element of your claim “beyond reasonable doubt”.

Instructing a Solicitor

You may already have an existing insurance policy which covers “legal expenses”. It is important to check to see if this exists. If it does, you may be entitled to free legal advice from a solicitor assigned to a Panel of solicitors selected by the insurance company. If not, or if you choose not to use not to use the Panel solicitor, then, so long as your case has a good prospect of success, most solicitors will offer a conditional fee arrangement, often referred to as a “no-win, no-fee agreement”

  • Legal expenses insurance
  • No-win, No-fee agreements

Gathering Evidence

You can help by gathering the following evidence yourself (if applicable)

  • Photogaphs of the site of the accident and your injuries
  • Witness details (names, addresses and telephone numbers)
  • Police reference number and name of officer in the case
  • Receipts for “special” (claimable) expenses

Proving Liability (fault)

  • Negligence
  • Breach of Duty
  • Police reports
  • Medical records
  • Employment records

Proving Causation

Proving Quantum (the Value of your claim)

Communicating with the Defendant (the party at fault)