McHale & Co. Solicitors Blog

Don't get mugged by an Insurer!

The Law Society launched it's yearly consumer campaign on 24 June 2013. This year's campaign focuses on the personal injury sector particularly in light of the massive changes in the industry after the "Jackson changes" to costs on 1st April 2013. 

The campaign is designed to emphasise the significant benefit of seeking legal advice from a solicitor rather than dealing directly with insurers. 

With the volume of people being injured every year, either at work or otherwise, many claimants are being approached by insurers to settle their claim directly, without the involvement of a solicitor.  But without the involvement of a solicitor, many claimants could find themselves without specialist expert advice and often settle their claim for a fraction of its true value.

I'm often approached by people and asked "How do I make a Personal Injury Claim?". The answer is rather straightforward; simply talk to us about your accident, be it on the phone or in the office. You'll need to have some information to give to us, such as when and where the accident happened, any witness information, details of your injuries and what you have done since the accident. Once we have this information we'll be able to tell you our thoughts on how successful we think your claim will be and how we would intend to proceed.

Of course we'll always follow this up with a letter sumarizing our advice and giving you information regarding any costs. In most circumstances we will be able to act on a Conditional Fee Basis (similar to the old "no win, no fee" agreements).

And the next steps? Well once we are instructed, we will write to the person we feel is responsible for the accident (the defendant) and tell them why we think they're responsible and what your injuries are. This is known as a letter of claim.  The defendant has specific time limits they have to adhere to respond to the letter of claim and they will state whether they accept or deny liability for the accident.

If liability is admitted then we assess your injuries and losses and the claim is usually settled out of court.  If liability is denied then the matter may proceed to Court for a Judge to decided if the Defendant is liable or not. If the Judge considers the Defendant is liable, then the Judge will make an award for compensation.

I won't lie and say that making a personal injury claim using a solicitor is easier or quicker than not using a solicitor because sometimes it's not.  But it is a fact that claimants' who obtain legal advice receive 2-3 times more compensention than those accident victims who don't take legal advice. Can you afford not to have a chat with us if you've been involved in an accident?

Call us on 0161 928 3848 to discuss your accident further and see what we can do for you. 

Categories: Personal Injury
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