I feel nervous about making a claim – what is the process and what will be required of me?

Initially, you will be required to discuss all the circumstances of the incident with us. You should keep a diary of how you feel day-to-day about your injuries and what amount of care you are receiving from your family and friends. You will also be asked to keep receipts for any out-of-pocket expenses incurred such as physio treatment or car hire.

We will then contact the opponent on your behalf. If the opponent accepts responsibility for the incident, we will arrange for you to be examined by an independent medical expert. At this assessment, your diary will come in handy to remind you about how your symptoms have progressed. Your claim will then be valued using the medical report, any loss of earnings details and receipts.

We will then start negotiations with your opponent on your behalf. If a reasonable settlement offer is made, we will discuss it with you and decide whether to accept it or not. You will be required to provide us with your bank details at that stage. Payment is usually made by BACs within four weeks of an offer being accepted and this will draw matters to a close.

If negotiations break down, you may be required to start court proceedings. This does not mean that you will automatically have to go to court because negotiations can continue and claims can settle at any time. Even if matters do progress to a hearing, we will guide you through the process step-by-step. You will only ever be advised to take matters to court when your prospects of success are good. If we do not consider your claim to have good prospects of success, we will advise you to discontinue.

Will all of the details of the accident be shared with a lot of people?

The details of the accident will be shared with us, your insurer, your opponent, their advisors, the medical experts, and the court (if matters get that far). Everyone involved has a duty to you under GDPR to keep your details confidential.

How long does it take from start to finish?

It depends what type of accident/incident you have had. Overall, straightforward claims can take up to six months to complete. If you require treatment, the claim may take longer until it is clear you are on the road to recovery. It is important to make sure that you have a recovered or you know what your recovery will look like, before the claim is settled, otherwise you might lose out.

More complex claims can take up to two years or possibly longer depending on the action that is required and the attitude of the opponent or their insurance company.

You have three years from the incident date to either settle your claim or bring it to the court’s attention.

I am not sure if I am entitled to compensation – is there a way to check?

If you have been injured as a result of someone else’s fault, you may be entitled to claim compensation. If you are unsure, please check by calling and speaking to us on 028 82 242177 or email cathal@jamesmcnulty.co.uk