You don’t have to instruct a solicitor if you want to make a claim for personal injury compensation. You have a legal right to make a claim on your own, usually with an insurer’s claims department. That is, if they know how to go about it with the hope of getting a fair settlement.
Alternatively, a specialist no win no fee personal injury compensation solicitor can represent you. They know how to prepare a comprehensive claim. With their expert advice you can ensure that a fair and just settlement is reached.
In short, you will win a larger settlement for your injury by claiming with a solicitor in comparison to claiming direct with an insurer.
Claiming by yourself with an insurance company
You will deal with an insurer directly if you choose not to instruct a solicitor to claim for you. While this solution works for some people, many others find the experience far from easy. Claimants often come to us after starting a claim on their own, and soon realise the benefits of using a specialist personal injury solicitor.
The problems you’ll face
The obvious problem with having no expert legal advice from a specialist solicitor is knowing what you can claim for. Do you know the difference between general and special damages, for example?
When the process starts, do you know what evidence you will need? How will you overcome denials of liability? Are you a good negotiator?
Once a claim is settled, it’s settled. Claimants often come to us too late in the day, wondering if they should have accepted the insurer’s low offer. Having the best advice available from the start is clearly going to be of benefit. Especially when it can be provided on a no win no fee basis.
The disadvantages of claiming direct with insurers
Claiming on your own through an insurer can have a host of disadvantages. We often hear of insurers stalling the process, taking too long to reply and get things moving. Furthermore, derisory offers and flat denials of liability despite witness evidence are commonplace. Most insurers value genuine claims at a far lower rate than a personal injury solicitor knows they are worth.
Additionally, when claiming directly with an insurer, you may not be offered a medical assessment with a suitably qualified doctor. This would provide medical evidence confirming the injuries and a prognosis for recovery. Such reports help to ensure that a fair and just settlement value is agreed. Without expert medical evidence, it is likely that an insurer’s offer may not fully recognise the severity of the injury, or the possibility of pre-existing injuries made worse by the accident.
The benefits of claiming with a personal injury solicitor
Working with a no win no fee, personal injury solicitor has many benefits. With their expert advice you have the best chance of getting the maximum settlement value of compensation.
It would not be fair to say that any offer from an insurer to someone claiming by themselves would always be undervalued. However, it is reasonable to say that a solicitor would only advise accepting an offer if it does adequately compensate you for the extent of your injuries and losses.
Importantly, with the Direct2Compensation claims process, our specialist solicitors ensure that you undergo a medical assessment with a relevantly qualified doctor. This assessment is paid for by the losing side if you win your claim – if you lose, you don’t pay!
What about solicitor fees?
Since April 2013, all claimants and claims are forced to abide by the LASPO Act 2012 and the new regulations regarding claims for personal injury compensation. One of the key elements of this law obliges all successful claimants to pay 25% of their settlement towards the costs of their claim.
You may think that claiming directly with an insurer will avoid you making this contribution. However, because a specialist injury compensation solicitor will likely win a larger settlement than you would on your own, this more than makes up for the 25% fee.
The advantages of claiming under No Win No Fee
Choosing to instruct a solicitor on a no win no fee basis ensures that your rights are fully protected. Any losses you have incurred will be recovered when you succeed with your claim. The advantages of a no win no fee agreement are significant:
- Reduced financial risk, as there are no upfront fees.
- Incentivisation for solicitors to win, aligning their interests with yours.
- Accessibility of legal services, regardless of your financial situation.
No win no fee enables you to seek justice and compensation, without the fear of being burdened by hefty legal fees.
Should you accept an insurer’s offer of compensation?
If you are claiming directly with an insurer and don’t have specialist legal representation, you should seek advice before accepting the insurer’s offer.
Why not see how we can help? We often have clients come to us after a month or two of dealing directly with an insurer. Our solicitors are usually able to confirm they can obtain medical evidence and a far larger settlement for the client than they have been offered.
When you make a claim for injury compensation it is important to ensure that you get the maximum settlement available and Direct2Compensation can help with this. Call us on 01225 430285, or if you prefer, .
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