Should you have been the victim of brain injury it is likely legal advice on the merits of a claim can follow and with that is helpful to highlight how a claim progresses.
Natalie Marrison, Partner and Head of Personal Injury, gives an overview of the civil claim process.
The main steps within a civil claim are as follows:
- The family or injured person makes contact with a Solicitor who obtains full instructions.
- The Solicitors will then contact the responsible party inviting them to admit fault.
- The third party must acknowledge the letter of claim within 21 days.
- The third party representatives then have three months to admit or deny liability.
- During this initial period, your solicitor will be taking steps to enable you to start to quantify the claim – a rehabilitation initial assessment will take place. Where appropriate, we will start to look at financial losses for the purposes of requesting an interim payment, initial medical evidence will also be obtained.
- What happens following the three month period is very much dependent upon your recovery, in very minor cases settlement may be achieved shortly thereafter, in more serious cases, rehabilitation may commence or Court proceedings issued.
- In serious injury cases, it is likely that substantial medical reports will be required – it is unusual for only one expert to report.
- Once settlement is achieved a Deputy can be appointed to manage them if the injured lacks capacity.
Every case is different and this therefore is a broad overview only. For further information on whether you can make a compensation claim, call us free on 0800 804 7450, text CLAIMS to 80988, or submit your claim online and a member of the team will get back to you as soon as possible.