Most cases can be resolved without the need for Court proceedings. There is a set procedure called the Pre-Action Protocol which is designed to resolve claims where possible and which both parties are expected to follow before starting Court proceedings.

Once we have enough information from you about the circumstances of the claim, we will draft a letter to the Defendant outlining the circumstances of the accident and describing the injuries and any losses suffered as a result. This is known as a Letter of Claim. The Defendant should acknowledge the letter within 21 days and provide a full response within 3 months. The defendant’s response should indicate whether they admit or deny liability.

If we receive an admission of liability then the next step is to value your claim. Usually we will obtain your medical records and then go on to obtain a medical report from an independent medical expert. This will enable us to value the claim for pain and suffering. We will also ascertain your financial losses as you can claim for these. For more information please go to our compensation page.

Once we have valued the claim, we try to reach a negotiated settlement with the Defendant’s representatives. In the vast majority of cases we are able to do so. However, in some cases this may not be possible, for example if the offer put forward by the Defendant is too low. If this is the case then it may be necessary to issue Court proceedings in order to achieve a fair settlement. We will never under settle your claim just to get our costs. If we feel that the Defendant’s final offer is too low and you are in agreement, then we will always be prepared to issue Court proceedings on your behalf.

If liability is denied and we are unable to persuade the Defendant to settle the claim, then the next step is normally to issue Court proceedings. Before we do so we will normally get a specialist barrister to review the case. This is done in order to get a second opinion and to confirm our view that the case is likely to succeed. This is arranged at no cost to you. Provided the barrister agrees with our view, then we will get permission from the legal expenses insurer to commence Court proceedings. This is to ensure that in the unlikely event of the claim being unsuccessful at trial, the insurer will meet any expenses incurred along with the defendant’s legal costs.

Even in those cases where liability has been denied by the Defendant at the outset, they may be prepared to make an admission at a later stage in proceedings, or alternatively may settle the claim without an admission of liability. However, in a small number of cases the Defendant may decide to defend the case to Trial. If this happens then it will be necessary for you to attend Court to give evidence, although we would emphasize that this is quite rare.

If you are unfortunate enough to lose the claim at Trial (and this is very rare) then you do not have to worry about any legal costs or expenses. Provided that we advised you to go to Court then we will waive any claim for our own costs. The Defendant’s costs along with any expenses we have incurred on your behalf (such as the cost of the medical report) will be paid by the legal expenses insurer under the insurance policy.