It is estimated that there are over three million people that are injured in an accident each year. This can be at home, in their own car, at work or even outdoors. Most of the time, these accident are someone else’s fault. This leaves the accident victims with the right to claim for compensation. But how should you do you this? What is the process of a personal injury claim? Read on to find out.
The solicitor is a legal professional who directs the office operations of judicial systems and various cases.
In a criminal case, the solicitor has the responsibility of assigning attorneys to the case while acting as their advisor.
The one thing it cannot do is provide the solution to any issues relating to children who will be born to the marriage.
Below we’re covering everything that you need to know about civil litigation.
Each stage presents a different challenge and technicals issues.
Recently, a judge in Bristol has allegedly been giving masterclasses on representing yourself in court following a legal aid cut that has left many fending for themselves.
The classes are said to cover what is worth knowing prior to turning up at court to DIY for a personal family case.
There haven’t been any comments on the law from any judges, or how the swingeing cuts have seen nearly all legal aid vanish for private family matters. These can range from post-divorce financial settlements, to the custody of children following parents’ splitting, also protective orders including non-molestation orders.
The judge who had been hosting the masterclasses began by laying out facts. Rising numbers of people are arriving at court absent of a lawyer, he said. In a three-month period in 2014, 80% of private family law cases saw at least one party attempting to fight a case without legal representation.
As the numbers of private family matters that are taken to court without the correct legal help rise, the presentation that was held regarding optioning a DIY approach received a hoard of questions once it had ceased.
Questions that had been asked included such: ‘What is the lawful basis for one parent to prevent a child from contact, without an order?’ and ‘If assessments presented to the court contain misrepresentation, what recourse does the injured party have?’.
What are your thoughts on the DIY approach to family law?
Filing for a personal injury claim is something that, naturally, you will want expert help with.
Regarding the process of a personal injury claim, clients often wonder what the main steps are.
The claim process, in England and Wales, can be found below:
- Claimant endures an injury and consults a solicitor.
- Claimant and solicitor will then agree on a Letter of Engagement thus setting out the terms which the solicitor can act on.
- Solicitor will identify the defendant(s), compile important information relating to the claim, as well as make the necessary preparation for a Letter of Claim (in accordance with the Pre-Action Protocol for Personal Injury Claim)
- Letter of Claim will be sent to the defendant who is obliged to acknowledge it within 3 weeks. Following that, the defendant will then have just 3 months to investigate the claim.
- If the defendant admits all liability, the parties will discuss the damage etc and work towards settling the case.
- In the event of the defendant denying liability, or admits to only partial liability (possibly alleging contributory negligence), both parties will review the damage(s) and liability in an attempt to settle the case – however, ordinarily the claimant is to only discuss settlement following a disclosure of evidence from the defendant.
- It should be noted that either party is allowed to make a Part 36 Offer under Civil Procedure Rules: i) if the Part 36 Offer is accepted, or the parties settle the amount of damage that has been caused, the case will end and the defendant will have to pay the claimant in the manner agreed in the settlement, ii) however, if the Part 36 Offer is not accepted or the parties are otherwise unable to agree on liability as well as the damage,t he claimant will likely notify the solicitor to go ahead and issue court proceedings.
- The claimant’s solicitor would issue the proceedings (often with a medical report and special damages calculations)
- The claimant’s solicitor or court serves proceedings on the defendant (this has to be within 4 months of the issuance of proceedings)
- The case will proceed in accordance with the court’s case management procedures
- If the case happens to be settled before the trial, the dispute will cease and the defendant will need to pay the claimant in the manner agreed in the settlement
- In the outcome that the parties do not settle the dispute, the case will proceed to trial in order to determine liability and the damage(s)
- The court will then issue a judgement on the liability and the damages
- If the defendant is found liable, they are obliged to pay the claimant damages following the court’s order
Both claimant and defendant work can be covered in personal injury claims by Chartlands Chambers.