One of the most important issues for litigation is whether a claimant’s right to action is within the limitation period. The Limitation Act 1980 contains provisions on limitation periods for different areas of law, ranging from negligence to breach of...
When you first consult us we will take detailed instructions about your accident and how it has affected you. At that stage we will be able to give you a preliminary view on the prospects of success, indicate the likely timescale involved and discuss funding.
The Civil Procedure Rules (CPR) and the Personal Injury Pre Action Protocol ("Protocol")
The Protocol was introduced to encourage early settlement before Court proceedings, where appropriate. Most injury claims are settled by negotiation and only a relatively small proportion of claims result in Court proceedings. However, if liability is in dispute or it is not possible to negotiate a fair settlement for you, it will be necessary to issue Court proceedings. Even then, the vast majority of all Court cases are eventually settled, without you having to attend a Court hearing.
Negotiations and Finalising your Claim
When your medical expert has provided us with a prognosis for your complete recovery and/or the stability of your symptoms, we will contact the other side with a view to negotiating the settlement of your claim. Some straightforward claims can be settled within 12 months. Other more serious injury claims can take longer, but we can obtain interim payments at regular intervals to meet your financial needs until final settlement. It is very important that settlement negotiations commence at the right time and you do not settle your claim too early at an undervalue. Also, when settling your claim, we will want to make sure that if there are any costs to you in the future as a result of your injuries (such as future medical treatment), these have been provided for in your compensation.