Claims Process

The initial enquiry

Prospective clients call us about any number of different types of claim; you may have suffered financial loss due to a mistake by your solicitor; you may have received poor medical care from your doctor; you may have been involved in an accident and suffered an injury. At Specters, we treat all our potential clients with the highest levels of care and respect. We are always ready to listen and talk through your claim and of course, all initial enquiries relating to civil or commercial claims are free of charge.

The sign up

If we think your claim has prospects of success and requires further investigation, we will agree to represent you. We have a wide range of funding options for your potential dispute, further information for which can be found on our funding page here.

The face to face

We may suggest a face to face appointment to discuss your enquiry further. We always find it is useful to meet and chat through the background to a complex dispute. You can come to one of our offices in London or the North West. If you are unable to attend our offices, we can come to you.

Alternatively, we understand some clients may prefer communicating by phone or online. Whatever your preference, we are happy to accommodate and you can always expect a friendly and sympathetic face.

The initial investigation

Once you are a client, we will undertake a comprehensive investigation of your claim by requesting documents or records from the defendant. It is often necessary to review hundreds, if not thousands, of documents to properly understand the factual background to the dispute. We will then be in a position to properly advise you on the merits of your claim and whether we think you should proceed further.

The protocol

In England and Wales, most disputes will be covered by a “pre-action protocol”. This is essentially a set of rules which dictate how parties should behave. In most cases, the protocol requires the claimant to prepare a detailed “Letter of Claim” outlining the background and key elements to the dispute. At Specters, you as the client will always be involved in preparing such letters, which will only be sent to the defendant with your express approval. Once we send the Letter of Claim, the defendant will have a specific time frame to respond, usually a few months.

Negotiation

The defendant’s response will inform us about their position. Sometimes defendants will accept liability and any further negotiations will simply relate to the amount of compensation. Often defendants will accept liability but refuse to admit that you have incurred a loss. Other times, the defendant outright refuse to accept any liability.

At Specters, our team of litigators have seen every kind of response and we know how to negotiate and put forward your strongest argument to the other side to achieve your best possible outcome. We also have a vast experience in many forms of alternative dispute resolution strategies to facilitate the negotiation process.

Litigation

Sometimes negotiation just does not work as the defendant refuse to accept any wrongdoing. In this scenario, if we think your case is strong, we will advise you to issue court proceedings. Such a decision cannot be taken lightly. Court proceedings always open claimants to risks, such as adverse costs orders in the event your claim is unsuccessful. We will advise you to check if you have appropriate insurance cover or suggest you take out a separate insurance policy.

At Specters, we issue hundreds of cases a year. We know how to run such cases and will advise you every step of the way.

Settlement

If your case settles, we will draft a settlement agreement with the defendant and obtain your damages and costs. We may need to negotiate a payment plan with the defendant and have systems in place to enforce any settlement agreement if the defendant does not pay on time.