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How Claims Work
How Claims Work
- Once you have contacted us, we will allocate a specialised cycle injury lawyer to assess your case. They will be on hand throughout the entire process for any questions you may have.
- We may arrange to meet with you, either at our offices, or if it is more convenient for you, at your home, workplace or in hospital.
- We will contact the person or organisation responsible for you accident (the defendant), detailing what you are claiming for.
- If the defendant accepts liability, we will negotiate settlement of your claim as quickly as possible. You will then receive an offer of compensation, which you can either accept or not. The lawyer handling you case will be able to advise you whether or not the offer is a fair one.
- If you reject the offer, or the defendant does not accept liability, we will negotiate with them on your behalf.
- 95% of cases are settled without the need to go to court. If there is a trial in your case we will carry out all the preparation and instruct a barrister to represent you on the day.
- When an offer is made and accepted, the case is settled and you receive compensation. We offer a genuine 'no win no fee' service, meaning that if your claim is unsuccessful, you don’t pay a penny.
Rest assured - we are very experienced in this specialist area of law and our team are successfully concluding cases similar to yours every day.
What is No Win No Fee?
Exactly what it sounds like.
No Win, No Fee arrangements (otherwise known as Conditional Fee Agreements) have been helping people access the justice system since 1995. With A No Win, No Fee agreement you can be assured that you won’t have to pay a penny if you lose your case.
Is there a time limit for making a claim?
Yes, it is important that you make a claim to the court within 3 years of the accident. If you were under 18 years old when the accident happened then you have until you turn 21 years of age. The courts can extend this time limit in exceptional cases. Claimants who are over 18 but do not have mental capacity to give instructions can make a claim after their 21st birthday.
Whatever the time limit for your claim, remember that the sooner you instruct us to proceed with the case the sooner we can obtain the evidence we will need to prove your case.
In some cases the court can use it's discretion to allow a claim to proceed 'out of time'.
Will my case go to Court?
Over 95% of cases settle without the need for a trial. We have a duty to try to settle your claim without going to court wherever possible. Sometimes it is not possible to settle a claim. Where necessary we will pursue your case vigorously to trial in order to secure the compensation which you deserve. If there is a trial in your case we will carry out all the preparation and instruct a barrister to represent you on the day. We will also explain the process to you so that you know what to expect.
How long will my claim take?
It varies from case to case. We will do our best to give you an honest and realistic view of your case. However long your case takes, you should be given a regular update on progress. If you feel that progress with your case is slow, please call and we will be happy to explain to you what is happening and discuss with you any ways there might be of making more progress with your case.
Cases are not won overnight. There are stages of your case which each take time and often there are delays over which we have no control. For example, in an accident case where the police were in attendance, we will wish to obtain a police report. The police report will contain important information about the accident. There may be details of witnesses, a plan and other useful information. The police often take several weeks if not months to complete their report. If they prosecute the other driver they will not release the report to us until that prosecution has been completed. Even in cases which appear to be straightforward, where the police were involved the other driver's insurers will often refuse to discuss the claim until the police report is available. In contrast there are many cases where liability is not in dispute where settlement can be pursued relatively quickly.
There are things which you can do to minimize delays. We are happy to communicate by email wherever possible to avoid delays, though sometimes we have to send documents to you to be signed by post. If you receive a letter or a call from us asking us to provide information or documents please try to get those documents to us as quickly as you can. Keep a diary of important events like medical appointments so that you can provide us with that information quickly and easily. Keep receipts for any expenses or losses you have suffered and send those to us promptly. Always keep copies of any documents you send to us.
It is difficult to give guidelines on how long cases generally take. If liability is admitted and your injuries were not too serious your claim should be concluded within a few months. Your case will take longer the more seriously you were injured and if liability is disputed or we cannot agree a settlement of your case for any reason, we may have to take your case to court, which will often cause a delay. Remember that in some cases, it may not be in your best interests to settle your claim too quickly.
In some cases, where it is going to take a while to get a final settlement agreed, it may be possible to obtain an interim payment. This is not always possible to achieve. Speak to the person handling your claim, because we will try to obtain an interim payment whenever we can.
If you have any further questions, contact us today and we will be happy to answer them for you.