The pre-action protocol sets forth clear instructions for personal injury claims. According to this protocol, concerned parties must contact each other to discuss alternate resolution methods before reaching court.
This protocol helps save time and money, as the case may be resolved without court proceedings, including expenses like litigation fees. This method is beneficial for both parties involved.
What is the personal injury pre-action protocol?
A personal injury pre-action protocol is a procedure designed to streamline the proceedings of a personal injury claim. This protocol promotes early exchange and negotiations between both parties.
The main goal of the protocol is the resolution of the case through clear communication. With this protocol in place, the parties can save court time, litigation fees and other court-related expenses.
What is the procedure of pre-action protocol?
The procedure for pre-action protocol is as follows:
Claim Letter
At this stage, the information is exchanged between the concerned parties. This information will include everything related to the injury, like medical records and financial bills. The claimant sends the claim letter to the defendant and all the necessary information about the claim stated above.
A Schedule of Special Damages with supporting documents is also sent to the defendant by the claimant. This can be done with the claim letter. All this information must be complete so the defendant can gauge the claim’s validity.
Defendant’s Response
The defendant must respond to the claim letter within 21 days of receiving the letter. The defendant has three months to draft a full response. This response can go three ways. Either the defendant agrees, denies, or partially agrees to the claims.
How long does Pre-Action Protocol take?
Once the defendant receives the claim letter, they have 21 days to draft the initial response. Three months are given to write a fleshed-out response. If both parties can’t negotiate a settlement, the court proceedings begin. The negotiating period depends on the parties and the case in question.
Negotiations
If all or some terms of the claim are agreed upon, the negotiation process will begin. After this, all that is left to do is review and sign the agreement.
Should I accept the first personal injury offer? The answer to this varies from case to case. If you and your lawyer are satisfied with the first offer made by the defendant, then you can accept the offer.
What are pre-action requirements?
Early notifications and information gathering can help meet the period limitations of certain injuries. Gathering information for the case is one of the key requirements for pre-action.
Some types of information and evidence should be collected during the personal injury pre-action protocol.
- Names and contact information of everyone involved, including witnesses.
- The incident’s date, time, location, and detailed description of what happened.
- Photographic evidence of the accident scene, injuries, and anything else relevant.
- Medical reports and records of the injury, including hospital visits, treatments received, and medication prescribed.
- Keep track of any expenses incurred as a result of the injury. This includes medical bills, travel expenses to medical appointments, and any loss of earnings.
- If the incident was reported to the police or another relevant authority, obtain a copy of the report.
- Maintain a record of all communications related to the incident and the injury, including emails and letters.
Expert Opinions
An expert medical practitioner’s opinion can help build a strong case for the claim. The claimant is advised to get a medical opinion from a reputable source. As this claim is subject to scrutiny, opinions of a reputable medical practitioner can be hard to reject by the defendant.
Conclusion
Understanding and following the pre-action protocol is crucial for winning a claim. It lays the foundations for a swift resolution, which is cheaper and less time-consuming than the alternative of going to court. Seek professional legal advice on any injury claims. Every case is unique, and an experienced professional in claims can help guide you in the right direction. Just remember to gather information as soon as possible to build a stronger case.