We will first need to investigate your claim by obtaining evidence from yourself and other witnesses as appropriate. This may take a few weeks and we may need to either visit you to obtain a statement or discuss the matter fully over the telephone so we have all the details relating to the accident and the injuries and losses sustained.
We will then need to write a letter of claim to the other party’s Insurers in accordance with the "Pre-Action Protocol". This is the set of Rules laid down by the Courts, which govern the way in which claims proceed before a legal action is begun. The Insurers then have 3 months to investigate the claim, after which time they must confirm whether or not liability for the accident/injury is contested.
If liability is disputed, we need to consider taking the matter further, through Court Proceedings, which have their own comprehensive guidelines as to how a claim is brought. The decision as to whether a legal action is begun will depend upon whether your claim has reasonable prospects of succeeding if it were to go before the Court, and we will advise you fully about this throughout your claim.
If liability is not in dispute, we will be in a position to begin negotiations to settle your claim (subject to the injuries having recovered or stabilized). However, before we can settle the claim we need a full medical report setting out the complete picture regarding the extent of the injuries and the long-term prognosis.
It is important to make sure that the doctor who examines you in order to prepare a medical report is made aware of the full extent of your symptoms so the proper value of the claim can be determined, particularly since under the Court Rules introduced in April 1999 his/her evidence is binding on both parties if they have agreed the use of that particular doctor.
