How do I make a claim ?
Before making a claim you or your solicitor must first follow certain steps known as the "pre-action protocol". This requires you to write a letter to your opponent setting out that you intend to make a claim, how you say the accident happened, what your injuries are and what your losses are.
If your opponent responds to your letter within 14 days you must give them 3 months to investigate your claim and then they must write a letter back to say whether or not they admit your claim.
You must also try and agree with them the selection of a suitable medical expert. Wherever possible you should try to negotiate a settlement without going to court.
Once you have followed these steps and you have not managed to settle the claim and you still need to go to court you will need a court "Claim Form" on which you will have to give details of your case. You will also need to get a medical report to show that you were injured or to say what your illness or disease is.
You will also have to pay a court fee.
You may also have to prepare a list of the expenses you have had to pay or money you have lost because of the accident, injury or disease and put these into a schedule known as a "Schedule of Special Damages" which you will need to send to your opponent and the court.
Questions & Answers
- When can I make a claim?
- Who do I claim against?
- How do I make a claim?
- What do I need to do before I see a solicitor?
- Can I claim for anything else other than my injury or illness?
- Can I get Legal Aid?
- Is there a time limit for making a claim?
- Can I make any other claims apart from a court claim?
- What if I was partly to blame for the accident?
- What are "General Damages"?
- What are "Special Damages"?
- Am I entitled to any interest on the compensation I receive?
- What are "disbursements"?