Once we have discussed your individual personal injury claim, if your case possesses reasonable prospects of success then we will arrange to send you our initial forms to sign, or for one of our colleagues to meet with you personally to complete these.
Once we have discussed your individual personal injury claim, if your case possesses reasonable prospects of success then we will arrange to send you our initial forms to sign, or for one of our colleagues to meet with you personally to complete these. Upon receipt of your instructions we will then commence our investigations into the matter and start the process of making a claim on your behalf.
Personal Injury law is a complex area and different types of personal injury claim have different processes and timescales that must be followed and we set out here some of the main types of claim for your information. However, every case is unique and where a claim deviates from the processes outlined here we will notify you and explain the next steps that are required.
If your claim arises out of a road traffic accident which occurred after the 31st July 2013 it will fall to be dealt with initially within the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. This protocol governs the conduct of the parties to a claim and provides timescales that they must comply with in order to resolve the matter before Court proceedings can be commenced.
Once we have identified the insurers for the other vehicle that you hold responsible for the accident we will be able to commence the first stage of the process which involves submitting a Claims Notification Form (CNF) to them. The insurers have 15 days in which to respond to this CNF and as soon as we hear from them we will advise you accordingly.
If your claim falls to be dealt with under the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims. Once we have identified the insurers for the organisation that you hold responsible for the accident the first stage of the process will begin which involves submitting a Claims Notification Form (CNF) to them. The insurers have 35 or 40 days, depending upon the type of claim you have in which to respond to this CNF and as soon as we hear from them we will advise you accordingly.
In order to pursue a claim for personal injury medical evidence is required upon your injuries and subject to your individual case we will at this stage arrange for you to be seen by an independent medical expert who will prepare a report upon the personal injury sustained, your condition and prognosis.
Subject to the insurers response to the first stage, we will be able to start the second stage of the process. This second stage involves lodging the medical report and details of any other losses incurred (the settlement pack) with the insurers who will then consider and provide their settlement proposals. We have 35 days in which to negotiate a settlement.
In the alternative, if a settlement is not possible, or should the insurers not respond positively or at all to the first stage and/or in the event the proposed defendant indicates that they require additional time to investigate the accident, then under the Civil Procedure Rules and the Pre-action Protocol for the resolution of Personal Injury Claims, they will have 90 days to do so.
In addition to the injury that you have sustained, if you have suffered any other losses as a result of this matter then please do provide us with details. These other losses are what is known as Special Damages and may include, lost earnings, the costs of treatment or medication, vehicle related damage (in the event of a road traffic accident) and a policy excess. Therefore, if you have suffered any other losses and let us have details, in due course and if appropriate we will then submit these items in support of your claim.
If your claim arises out of a road traffic accident, then with the exception of vehicle damage associated costs, ordinarily it will not always be possible to secure an interim or advanced payment in connection with your claim.
Once medical evidence has been obtained and agreed by you, if, and only if your case is not capable of settlement at that stage, for example if further evidence or treatment is required, then we may be able to secure an interim payment of £1000 (less any deduction towards your legal fees) from the compensating party.
If however your case is capable of settlement, then the compensating party will not usually offer an interim payment, rather they will proceed to settle the case in full and we refer you to our comments regarding the 35 day negotiation period above.
Where a settlement has been achieved on your behalf it may take in excess of 21 working days for us to receive payment of the amounts agreed from the compensating party. As payments are coming from a third party you will appreciate that we do have any control over their internal procedures. Further we incorrect payments are issued, these may have to be returned and replacements requested which naturally can add to the delay we would therefore ask that you are patient during this time.
If however, payment is not received after an initial 21 days then we may contact you to discuss your options to recover any outstanding amounts. These may include continuing to chase the compensating insurer for payment, issuing enforcement proceedings or making an application to the Court where appropriate. You will appreciate that these steps may attract additional fees and we refer to the section above relating to disbursements.
The law in England and Wales requires Claimants, i.e you, to mitigate their losses. Therefore if you have on-going losses you must take all reasonable steps to ensure that these were possible are kept to a minimum. If you do not then you may be penalised in connection with the claim at a later stage. If you have sustained a personal injury, then your claim aside and from a clinical perspective you should seek advice and if so advised intervention from your own doctor and, or the hospital as this may aid your recovery and avoid any delays in arranging treatment or rehabilitation that maybe required.
If you are unsure whether you have on-going losses or what steps can be taken to mitigate them then please do not hesitate to contact us to discuss the matter further.