The compensation claims process has two main parts:
Part one - The first part of the claims process is when you gather all the evidence together, put your claim in writing, and send it off to the person at fault. There is a special process for dealing with claims at this stage known as the pre-action protocol. It is a written protocol which all specialist personal injury lawyers will be familiar with and will use for you.
It is important to follow the protocol to ensure that you recover the right damages and costs. If your compensation claim cannot be settled by the end of the protocol period - which is nearly four months after the claim is first notified to the other side's insurer - the next stage is to issue court proceedings.
Part two - The court will then set the timetable for the claim. This includes the date by which a defence must be filed by the other side, when medical and witness evidence must be exchanged and when the case is likely to be given a hearing date. This stage will usually take up to a year depending on how busy the court is and whether the case is ready for a hearing.
If it is not settled before the hearing (about 98% of cases are) then the court will either allow the claim and award compensation and costs, or reject the claim. Your solicitor will explain all this clearly and look after the whole compensation claims process for you.