Claims Process

Personal Injury Claims Process

What happens after contacting Claimability?

After contacting Claimability your file is passed to one of our panel solicitors.

We choose the most relevant solicitor for your claim, based upon the skills of the solicitor and the nature of your injury.

If you are happy to, we will transfer you to a relevant specialist panel solicitor right there and then. We understand that you have already suffered enough and we want to get things moving for you as soon as possible.

Initial Interview

Our solicitors will hold an initial interview with you to obtain various bits of information about you and your claim.  One of the things the solicitor will want from you at some point is your National Insurance Number (Why is my NI number needed?).

The solicitor will ask questions about the circumstances of your accident and the nature of your injury. They will want to know about any trips you may have made to the hospital or your GP. It is at this stage that the solicitor will ask you about any additional claims you may need to make such as loss of earnings, damaged clothing etc.

Home Visit

In order for a solicitor to act on your behalf they need to have a signed  Conditional Fee Agreement. This is commonly known as a  CFA or NO WIN NO FEE agreement.

Whilst NO WIN NO FEE's are common in the personal injury world, here at Claimability we insist that all of our solicitors send somebody to your home to help you read the documents and understand them. The representatives also take the documents back to the solicitors for you, saving you the cost of a stamp!

Once the pack is delivered signed to the solicitor it is all systems go in order to get your claim settled, starting with a detailed claims investigation.

Injury and Accident Investigation

It’s a fact that not all accidents can result in a claim.

When claiming injury following an accident, we will need to prove this accident happened as the result of somebody else being negligent (i.e. not repairing a broken run on ladder or failing to remove an obstacle causing a tripping hazard).

This can be ascertained by obtaining health and safety reports, accident books and witness statements.

In order to investigate your injury we will also obtain a copy of medical records surrounding the accident.

Once the Solicitor has successfully investigated the claim, it is at this stage where they will look to formally accept your claim.

Letter of claim

The Solicitor will send a letter of claim to the other side. The letter of claim makes it clear to the other side that your Solicitors are holding them at fault for your injury claim and asks them to provide information such as their insurance details. It will also include relevant documents to support your claim such as accident book entries for an accident at work.

Obtaining evidence of losses and providing rehabilitation

In order to prove the value of your losses, various documents are needed. For example, a loss of earnings claim may need supporting documents from your employer to show how much you earn.

In order to assess the value of your injury claim, a medical examination will be booked for you. We have access to over 3500 medical agents across the UK, we aim to ensure that your medical assessment can happen locally to you and at a time that suits you.

The examination is a non-invasive assessment of the suffering you have endured. A report is drawn up from this and submitted via the solicitors to you for your approval. Along with the medical report will come an idea as to the value of your claim. This compensation calculation is derived from similar cases that have set precedents and from insurance industry guidelines.

It is at this stage that rehabilitation services may be offered to you. Contrary to some reports, it is not in anyone’s interest for you to be left suffering. We are committed to getting you back on the road to recovery as soon as possible. In many instances we are able to fund private physiotherapy for you to aid your healing and as an additional supplement to the services you may be getting from the NHS. This physiotherapy is claimed back from the other side as a separate loss from your injury compensation.

As long as you agree with the contents of the medical report, it is sent to the other side for consideration with a request for payment.

Settlement

As long as the other side accept liability for the injury and agree with the value of the claims being presented they will look to settle the claim by issuing you the payment.

Should the other side dispute either the liability or the value of the claim or possibly even both, your solicitors will discuss with you the possibility of taking the claim through the Courts to achieve settlement.