On receipt of your claim details, we should be quickly able to determine whether the claim is valid or not.
We will then need to consider the likelyhood of the claim being successful.
Assuming this to be the case, We will then begin gathering evidence to support it.
All recorded details will be acquired including any photographs as well as police reports where required. We will contact any witnesses in writing, contact your employer to be able to ascertain potential financial losses and obtain copies of any medical evidence. We may need to arrange for a medical expert report to be produced.
To start a claim, the first stage is notifying the defendants insurers.
This is in the form of an LOC (Letter of Claim) to the company or public body
who would normally pass it on to their insurers.
We are now governed by the rules of "pre-action protocol". Under the new rules, this can now be done directly via the "Online Portal". The defendants have 30 days in which to admit liabilty.
In the case of an undisputed liabilty, then the claim proceeds to the second stage. However with disputed liability the claim reverts back to the old procedures.
If liability has been admitted and medical records have been finalised it may
be appropriate to submit an offer for settlement. A "settlement pack"
will be submitted via the online portal. This will include your medical report,
details of any loss of earnings and an offer for settlement.
The defendent then has 35 days to consider this. The first 15 days to consider the settlement pack and either accept the claimant's offer or make another one. A further 20 days is allowed to try and negoiate the claim. If the claim remains unsettled after this allowed period procedures revert back to the old rules.
If a settlement still cannot be reached then a court hearing will be necessary.
The court themselves will decide on the value of the claim.
However this is now mainly a paper exercise and will not require you to personally attend.
The judge will be presented with all the documentary evidence, including medical reports and claims for general damages as well as special damages. The judge will ultimately make a decision and settle the claim accordingly.