How is Compensation Awarded?

If you are thinking of consulting a compensation solicitor, you will want to know how the process works.

Your solicitor will be happy to sit down with you and talk through the entire process, so that you are happy that you understand exactly what will happen if you decide to go ahead with your case. He or she will explain that there are two main ways that compensation cases are successful:

Settlement

In many compensation cases the insurers, or other representatives of the organisation you are claiming against, will settle your claim. This happens when a company is presented with all the evidence of your case, including reports from the time and statements from witnesses and medical professionals. If you present a strong case, it is possible that the third party may decide that it is more cost-effective for them to settle an amount with you before any court proceedings are likely. If you have an experienced compensation solicitor, they will make the strongest possible case to the third party, in the hope that a settlement can be reached. Whilst it is sometimes the case that the third party may try to settle for less money than you asked for, your solicitor should be able to negotiate with them in order to ensure that you get the compensation you deserve.

Court Proceedings or Tribunal

If the third party does not want to settle the claim, or if their settlement offer is rejected by you and your solicitor, your case will go to court or, the case of employment claims, to an Employment Tribunal. This means that both you and the third party will present your evidence an arguments and the outcome will be decided by a judge or an independent panel. You will have the opportunity to appear as a witness on your own behalf and to call other witnesses, which may include colleagues, medical professionals and anyone else you have consulted in connection with your case. Once both sides have been heard, a verdict will be given, and an amount of compensation awarded to you if you are successful.

Your compensation solicitor will explain the claims process to you, both before you continue with your claim and at each stage throughout. For more information on how we can help you with your compensation claim, please give us a call.

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