How Co-operating Helps You Win Your Compensation Claim

 

Photo of Daniel Fitzsimmons who specialises in compensation claims.
Daniel Fitzsimmons specialises in compensation claims.

By Daniel Fitzsimmons

My daughter, Olivia, loves watching old episodes of “Sesame Street” on YouTube.

I grew up with the show and, as a parent, appreciate the way the writers combined education and entertainment. Recently we watched a song about co-operation. Enjoy it here.

As the song says, “sometimes there is a job so big, if we want to get it done, we’ve got to bring those birds together and all work as one, and that’s co-operation…”.

In compensation claims I couldn’t agree more.

After the merits of the case, co-operation between legal team and client is the most important factor in winning your compensation claim.

Without it, you might lose your claim completely due to missing court deadlines or failing to get crucial evidence.

Even if you co-operate half-heartedly your claim will take longer, be harder to win, and might be worth less.

For me, winning a compensation claim is as much about being a project manager as it is about legal skills.

I need to assemble and manage a team including experts, barristers, witnesses, my colleagues, and, most importantly, my client.

Only when we all work together can we achieve a successful result.

Compensation Claim Management

An example of co-operation in practice is my client Alan N’s case. Alan received £3,600 for his compensation claim. His claim might have failed if we hadn’t worked together so well.

Alan, a newly qualified pharmacist, was riding his bike to work when he was hit by a van. He suffered various injuries, including cuts and bruises to his elbows and right knee and a puncture wound to his left thigh.

As well as his personal injuries he lost earnings and damaged his bike.

Alan instructed me to pursue his bike accident compensation claim against the van driver. Alan told me that he was on the major road when the van pulled out of a side road and hit him.

I agreed to take Alan’s claim on a “no win no fee” basis. I found the van driver’s insurers with help from the DVLA and sent them details of Alan’s compensation claim.

The insurers failed to admit liability so, at this point, we had a choice to make.

Fight on, all the way to trial if necessary, or abandon the compensation claim.

I explained to Alan that, despite what people tell you, there are no guarantees of success with compensation claims. If you go to trial the other side’s lawyer is equally confident. If they weren’t they would settle before court.

It was a risk he was willing to take.

Compensation Claim Preparation

Alan was sure he was in the right and I agreed, so I put a team together to issue proceedings.

To prepare Alan’s case I asked him to be a willing member of the team. Alan understood this and played his part. He:

  • responded promptly to my phone calls, emails, and letters;
  • provided information quickly so that I could preserve crucial evidence to prove liability;
  • attended a medical appointment on time and gave clear evidence for the doctor’s report;
  • gave a site inspector information to prepare a report to help show that his version of events was correct; and
  • met with me at his home and our offices so I could progress his compensation claim. This involved preparing schedules of losses, court pleadings, witness statements, and other items essential for court proceedings.

The experts I instructed helped by keeping appointments and providing usable reports on time.

And my colleagues at Donoghue Solicitors ensured that I was able to reply to every phone call, letter, and email, and provided me with advice and support when I took the important decision to back Alan’s case.

Court Proceedings for Compensation

After I issued court proceedings the driver’s insurers filed a defence.

They said the accident was not their driver’s fault. They claimed Alan was cycling on the wrong side of the road and he crashed into the van, not the other way round.

As his claim proceeded towards trial we spoke and met regularly to review:

  • the defence;
  • evidence both sides intended to produce at court; and
  • witness statements.

Alan agreed to free up his diary and booked time off work to give evidence at court.

Fortunately, less than two months before trial I was able to use the evidence we had prepared to convince the van driver’s insurers to admit blame. I then negotiated settlement of Alan’s compensation claim.

When I entered into negotiations it was important that I had his co-operation to keep the pressure on. We were in constant touch by email and phone.

By working together to settle his claim Alan received more than double the amount he would have recovered if we took our chances at court.

Compensation Claim Team

By readily co-operating Alan received excellent compensation and ensured that the claim process was a good experience.

It was also a powerful motivator for the rest of the team.

The group I assembled worked well with Alan’s help. We were all committed to the goal of helping him recover the most compensation possible.

This joint effort and expert help ensured that I could present Alan’s case in the best possible way, and at the right time, so that his prospects of success and compensation were greatly increased.

Without this level of communication and co-operation Alan’s case would not have progressed as quickly or as well, if at all.

That’s well worth remembering when dealing with your own compensation claim.

 

For help with your compensation claim, contact me on 0151 933 1474 or through the Donoghue Solicitors website. I am an accredited “Litigator” practitioner member in the Association of Personal Injury Lawyers.