If you have lost out financially through no fault of your own then you may consider taking legal action against whoever you believe was responsible for causing the loss, if so you will need to know exactly how to sue for compensation.

There are a number of reasons you may look to claim and sue for compensation, the most common examples are listed below:

1) Personal injury claims following a non-fault accident, such as a slip, trip, fall, road traffic accident or an accident at work.

2) Damage caused to your property or personal belongings, this could be anything from poor workmanship by a builder or a contractor through to damage caused by adverse weather conditions.

3) Damage caused to a business or commercial organisation, this could be loss of business due to any number of factors from damage to the business premises, loss of important records/data by a third party or a loss of business due to a libellous or damaging statement.

4) Negligence that has lead to a financial loss, this could be poor advice from, for example, someone in the financial sector promising a certain return on an investment that subsequently fails, or a guarantee or promise that has not been met.

5) Breach of contract, a financial loss suffered due to the failure of another party to meet a contractual obligation.

6) Failure to supply goods and faulty goods.

The most common reason to seek compensation and damages in the UK is for a personal injury that was someone else’s fault, the most frequently occurring injury that results in a claim is whiplash which is normally caused in car accidents.

So, how do you sue? How do you claim compensation?

Firstly, consider how much you have lost out financially, if it is only a few pounds then it probably isn’t worth pursuing, whereas more significant sums of money will be worth seriously considering further legal action.

Also, try and find out if the organisation or person you are considering taking action against have sufficient funds to pay a potential claim. Obviously if you are pursuing a car insurance company for compensation they will have plenty of capital set aside for exactly this reason, however an individual person may be in a very different position and not be able to meet the cost of the compensation, regardless of the outcome of the case in terms of liability.

It is important that if you are considering legal action for compensation you seek advice from a Solicitor who is a specialist in the area of law your problem relates to. You will find Solicitors who are experts in every field, from Personal Injury to Libel and Litigation, so make sure you chose a firm who have experience in dealing with exactly what you need.

Many Solicitors will provide an initial consultation (either by telephone, online or in person) free of charge. This will allow you to find out if you have a strong case (or not) and understand everything involved in the process of claiming compensation.

If your claim is under £5000 the Solicitor will likely advise you to pursue the matter through the Small Claims Court (due to their specialist nature personal injury claims must be under £1000 to go through the Small Claims Court).

Many Solicitors have the facility to conduct certain types of cases without the need for any payment by the claimant (the person making the claim). The Solicitor will submit their bill to the other side upon successful completion at the end of the case and the claimant still receives 100% of their damages with no deductions, if the case is lost, the Solicitor agrees not to make a charge for the work they have done.

If the claim is over £5000 or if it is for a personal injury with a loss of over £1000 and depending on the exact type of case, once you have instructed a Solicitor to act for you they will contact the other side and ask them to pay compensation for the financial loss you have suffered.

In some cases this can turn into an exchange of several letters between the two sides with legal arguments, requests for further details about the claim, financial loss evidence, witness statements and medical information being common place.

In many cases (especially personal injury) the claim for compensation will be directed against an insurance company and the process will not be the same as making a claim against an individual person.

Having a specialist Solicitor to handle your case will ensure that all available evidence is correctly presented, this could be evidence relating to loss of earnings, medical records or other documentation to demonstrate the financial loss or prove negligence such as photographs of an accident scene or a police or witness statement.

If liability is disputed and the matter cannot be resolved your Solicitor may suggest a session of mediation where both parties sit down to try and resolve the matter out of court.

If the case cannot be resolved through mediation then you and your Solicitor will need to decide whether to go to court. Your Solicitor will discuss the various factors to consider before making the decision, such as cost, timescales and chances of success.

Pinto Potts are specialist Personal Injury Claims Solicitors who have helped thousands of injured people claim millions of pounds, if you would like free initial advice about making a compensation claim for personal injury please get in touch.