Compensation claims are not always successful; some are rejected. But what are the most common reasons for this, and how do you maximise the chances of claim success?
1. Liability is not Accepted
The most common reason behind the rejection of claims is liability. Quite simply, the other party may not accept their liability. In this instance, compensation lawyers may choose to strengthen a case through further evidence, or take the case to a higher authority. Or, if new evidence comes to light, they may choose not to proceed with the claim – this can cause problems for the claimant however as they may be liable for the other side’s costs.
2. The Claim Value is Contested
Another common reason a compensation claim may be rejected is a contention of the claim value. Where liability is accepted but the claim value is contested, a solicitor may choose to reaffirm the original claim value, reduce the value or even increase the value. Compensation is made up of general (injury) damages and special (financial) damages – the other party will likely contest where the claim value is not fair or proportionate.
3. The Date of Limitation is Unclear
You have three years from your date of limitation (the date your injury became clear) to make a claim for financial compensation, except if you were a minor at the time or you’ve been treated under the Mental Health Act 1983. If your date of limitation doesn’t add up or it’s otherwise unclear, the other party may reject your claim. In which case, your solicitor may work to proving your date of limitation with medical evidence.
4. Legal Procedures have not been Correctly Followed
This only really applies to claims where the claimant processes a claim without the aid of compensation lawyers. The legal process is a relatively complicated one that must be properly followed for a positive outcome. Any lapse in language or lack of essential evidence can lead to a compensation claim being rejected. In which case, it’s best to enlist lawyers for compensation who’ll take over your case and ensure everything is covered.
5. Other Reasons
The four points listed above are the main reasons a compensation claim may be rejected, however there may be other less common reasons. Most of the time, compensation claims are clear-cut, as long as they’re backed up by evidence and are fair and proportionate. It is rare that personal injury compensation claims go to court, however there is a chance that they will. Remember to stay positive and be realistic throughout the claims process.
For the best chances of claim success, you should discuss your case with lawyers for compensation. Call UK Claim Lawyers on 0800 157 1438 to discuss your case with an experienced, compassionate claims advisory and discover your eligibility today.