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How to start and make a claim

In making a personal Injury Claim, you are now expected to comply with the provisions of the
Pre Action Protocol in Personal Injury Claims

While the Protocol is not actually Law, if you do not comply with it you may suffer badly in not getting all of your costs and expenses back from the other side, or worse, you may even have to pay theirs!

The Protocol is designed to promote the settlement of claims, the reduction of the cost of claims, the time taken to conclude claims, and to avoid both sides keeping important information back until a late stage in the case.

To start a claim you have to write a Letter of Claim to the other side. This letter must contain all of the information prescribed by the Protocol. If it does not then the claim may be delayed, or you may be at risk as to costs.

The other side have 21 days in which to acknowledge your letter. In practice they will send it to their insurers who will, in due course, tell you of their interest. They have 3 months from the date of the Letter of Claim to investigate your claim and tell you if liablity is admiited, or if it is not

There are complicated provisions in the Protocol for getting expert medical evidence about your injuries, about making offers of settlement before court proceeedings are started, and about a whole lot more. Every avenue of possible settlement must be explored before you resort to court proceedings.

It is vitally important to your claim that the provisions of the Protocol are complied with, and for this reason if for none other you will be well advised to have a qualified solicitor familiar with the Protocol to advise you. I am such a solicitor.