Claiming without a Solicitor? Should you accept an insurers offer?

6 questions have been answered below, why not ask your own?

You don’t have to instruct a solicitor if you want to make a claim for personal injury compensation.  Anyone who feels that they have been injured through the negligent actions of someone else has a legal right to make a claim.  Anyone who succeeds should receive a settlement that adequately covers the full extent of their injuries as well as covering any losses or expenses incurred because of the injuries sustained.

To make a claim for personal injury compensation, an injured party has two options. They can claim directly with an insurers claims department if they know who to contact and how to go about it with the hope of getting a fair settlement.  Alternatively, they can instruct a specialist no win no fee personal injury compensation solicitor to represent them and prepare a comprehensive claim, ensuring qualified advice is given and if successful, that a fair and just settlement is reached.

The obvious problem with having no expert legal advice from a specialist solicitor is that a claimant would have no idea what they could claim for, how to overcome denials of liability, what evidence they may need or what would equal a fair settlement for all injuries and losses.  Sadly, we have encountered people who have come to us too late in the day after accepting a low settlement for a claim when they have dealt directly with an insurer rather than with a specialist injury compensation solicitor.  Once a claim is settled, it is settled and as such, ensuring you have the best advice available is a no brainer – especially when it can be provided on a no win no fee basis.

How Direct2Compensation can help

At Direct2Compensation we know that hiring the services of an expert no win no fee injury compensation solicitor is the right move and we can show you why hiring a specialist injury compensation solicitor will benefit your claim.  We know that having an expert on your side gives you the best chance of getting the maximum settlement value for your claim.  Choosing to instruct Direct2Compensation and our partner solicitors on a no win no fee (conditional fee agreement) basis also ensures that your rights are fully protected and that any losses you have incurred will be recovered if and when you succeed with your claim.

If you choose not to instruct an injury compensation solicitor to act for you when you claim injury compensation you will deal with an insurer directly.  Whilst we don’t deny that this solution works for some people, we hear much anecdotal evidence from people who have come to us after attempting to deal with a claim by themselves, that it has been a bad experience and that they have felt the need to obtain the services of a specialist injury compensation solicitor.  These clients have stated to us that they have been made derisory offers, faced flat denials of liability despite witness evidence supporting the claim and felt that the insurers were fobbing them off by valuing genuine claims at a far lower rate than they would receive if they had expert legal representation.  This is one of the reasons why claiming no win no fee injury compensation with a specialist solicitors help is a good idea as they will ensure a fair and full settlement is provided on any successful claim.

When claiming directly with an insurer, they may not arrange for you to undergo a medical assessment with a suitably qualified Doctor.  Getting a specialist report from an expert Doctor will provide medical evidence confirming diagnosis and prognosis of the injuries and a prognosis for recovery.  Such reports help to ensure that a fair and just settlement value is agreed.  If such evidence is not presented, it is likely that a valuation or offer of settlement made by an insurer may not fully recognise the severity of an injury sustained.

With the Direct2Compensation claims process, our specialist injury compensation solicitors will ensure that you undergo a medical assessment with a relevantly qualified Doctor.  The assessment is needed for obvious reasons as it forms the valuation of the injury element of your compensation settlement and is paid for by the losing side if you win your claim (if you lose, you don’t pay!).

It would not be fair or right to say that any offer from an insurer to someone other than a specialist injury compensation solicitor would always be undervalued or too low.  However, it is reasonable to say that a specialist injury compensation solicitor can ensure that successful claimants only accept an offer if it does adequately compensate them for the extent of their injuries and losses.  At Direct2Compensation, our specialist injury compensation solicitors usually obtain larger settlements for injury compensation claimants than those obtained by people claiming compensation directly with an insurer.

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 injury compensation claimants who have used the services of a specialist injury compensation solicitor on a no win no fee basis to pay 25% of their settlement towards the costs of their claim.  Whilst people may think that claiming directly with an insurer will avoid them making this contribution, in most cases a specialist injury compensation solicitor will achieve a settlement for their client that is way more than 25% higher than they would have received if they had claimed directly with the insurer.  Therefore, it is easy to justify the 25% deduction as you’ll still receive a more settlement in your pocket if you choose to instruct a specialist no win no fee injury compensation solicitor, even after contributing 25% from your award.

If you are claiming directly with an insurer and don’t have specialist legal representation, we advise that you seek advice before accepting an offer from an insurer.  If you are in this situation, please contact Direct2Compensation so that we can help you to get advice from a specialist injury compensation solicitor and help you to decide whether or not you should accept an offer.  We often have clients come to us after a month or two of dealing directly with an insurer and after speaking with us and our expert solicitor partners, they opt to instruct us and our solicitors on a no win no fee basis at that stage as the solicitors are able to confirm to the injured person that they can obtain medical evidence and a far larger settlement for the client than they have been offered at that stage.

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.

6 questions have been answered below, why not ask your own?

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Questions & Advice On Claiming

  • Karen

    My husband died following being sent home from hospital whilst still very poorly, readmitted the following day died the day after.

    • Ian Morris

      We do have specialist clinical negligence Solicitors who can advise you regarding a potential claim for negligent medical treatment. However before you attempt a claim, it is important that you make a formal complaint about the medical treatment provided and your views as to any potential errors made. This will enable the NHS trust to ‘investigate’ the matter and give their initial view. On the outcome of the response of your complaint, our specialist Solicitors can then advise further.

  • Ross

    I was stabbed in my home 18 times, with injuries to the top of my leg meaning that l can’t walk without crutches. The Police caught the offender who got 14 years in prison. I am so lucky to be here but the criminal injuries compensation authority said I had a time limit to make my claim & I didn’t know this at the time. They said I had until 17th November to make the claim but I hadn’t made it until 29th November so now they say I can’t claim. This person nearly killed me but because I was a couple of days late they’ve rejected the claim? Please help me get something out of being made disabled? I have loads of paperwork, letters from the Doctor etc.

    • Ian Morris

      The Criminal Injuries Compensation Authority has a time limit of 2 years from the date of an assault within which a claimant may bring a claim. You should appeal against their decision to deny you the right to pursue a claim as you are only just outside of that period and if you can provide mitigation as to why you hadn’t claimed initially – perhaps you were not in good enough health or you needed to focus on your recovery etc, they may well review the matter and allow you to pursue a claim.

  • Sean

    I am 36 years old and suffering with an aggressive Dupuytren’s Contracture in the left hand which I had diagnosed February 2018, I believe surgery will be required in the next couple of years. My first employment would require me to sand for upto 7hrs a day every day if the job required it, I worked there from 2000-2016. Is it possible to make a claim against my former employer and represent myself, as I now live/work overseas.

    • Ian Morris

      It is possible to represent yourself in any action – of course, having a specialist act for you may make life easier as they will be able to ensure that any legal rights are upheld and that if there has been negligence, it is established and that it is accounted for.

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