Talk to the solicitor behind the post
Richard Meggitt
Partner/Solicitor
Major Trauma Cases
0114 2672472
Year of call as a solicitor 1996.
Richard is a qualified solicitor, having joined the firm in 1996. He has deliberately restricted his case load to serious injury claims. Having acted for more than 500 Claimants in major trauma cases, his expertise is recognised by the Association of Personal Injury Lawyers; Richard is a senior litigator.
This section, we shall be taking a greater look at the happenings towards the end of the claim and what the general rules of thumb are in these closing stages.
After the details and other factual documentation has been passed to the insurer or lawyer of the opposition, they will then have a limit of 21 days to reply to the claim that have been made by your lawyer. As soon as acknowledgement of the documents arrival has been given, they will then have a total of three months in which to investigate the claims made in further detail.
After receiving the notes from any hospital visits along with the documentation from your GP, you will be contacted by a medical expert in the field of the injury which you have been unlucky enough to obtain. This visit will provide your lawyer with a full assessment of the injuries that you have sustained and this is when a valuation on your claim will be made. This will be based on the facts you have given and the extent of your injuries as advised by the medical expert.
After the lawyer has been given the go-ahead by the victim, a copy of the details of the potential settlement will be disclosed to the defendant’s insurer. At this point, the insurer of the opposition will either confirm or deny liability in the case and, if liability is admitted, then a settlement will be negotiated on your behalf by your lawyer and you will be paid by cheque should you be successful.
Relevant costs will negotiated too and, if the lawyers and yourself deem that the compensation is not reasonable, then, should you decide, it is possible to ask your lawyer to submit court proceedings on your behalf. This is where a judge will determine the pay out and other costs.
It could well be that the liability is still being denied by the opposition and, if this is the case, they must give good reason why this is not their fault. In this case, instructions will be taken from yourself and a claim will be built against the defendants. This is when negotiation will take place between the two parties.
If it is the case where it does go to court, do not worry, this does not mean that there is any less chance that you will be successful, however, if you are not successful, then an insurance policy premium will apply, however you are not responsible for payment. No win-no fee.
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