A Typical Claim
There is really no such thing as a typical claim!
First, we will meet with you and discuss what happened. This can take place at our offices or over the telephone if more convenient.
The majority of claims are funded by a Conditional Fee Agreement, sometimes known as “no win, no fee”. If your claim succeeds, the other side will pay our fees. This is a separate award for fees and does not come out of any compensation you receive. We may also recommend you take out a legal expenses insurance policy. If your claim fails the insurance policy should indemnify you for payment of our fees and those of the other side.
If you are pursuing a claim for Clinical Negligence, you may be entitled to Legal Aid. We will discuss this with you at the outset of your claim to decide whether you will be eligible.
For more information on your funding options, please click here.
Starting the Claim
Personal Injury Claims
According to the Rules of Civil Procedure, both parties must follow the “Pre-Action Protocol for Personal Injury Claims”.
The first step is to notify the other party of the intention to make a claim by sending a Letter of Claim. They will have 3 months, from the date that they acknowledge the letter, to investigate and decide what their position is. Before 3 months has expired they must admit or deny legal responsibility for your accident (“liability”).
Clinical Negligence Claims
As with personal injury claims, both parties to a clinical negligence claim will follow the “Pre-Action Protocol for the Resolution of Clinical Disputes”.
Usually, the claimant has pursued a complaint through the Healthcare Provider’s complaints procedure. Following a dissatisfactory outcome the claimant seeks legal advice and the first step at that stage is to obtain copies of the medical records from the Healthcare Provider. The Healthcare Provider should supply those records within 40 days and on receipt, the claimant’s Solicitor will send a Letter of Claim to the Healthcare Provider. They will have 4 months from the date of acknowledging the letter to investigate and communicate a decision in respect of liability.
If the Other Party Admits Liability
If they admit fault, we will provide them with details of your injuries in the form of a medical report and a schedule of any financial losses that you wish to claim for. This report and schedule will form the basis of valuing your claim.
If liability is admitted we would hope to conclude your claim within 12-18 months, but this will depend upon the severity of your injuries.
If the Other Party Denies Liability
If they do not admit fault, then they must tell us the reasons why and provide us with copies of any documents they rely upon to show that they are not at fault.
If fault is not admitted, then when we receive the relevant documentation, we shall advise you as to the prospects of you pursuing a successful claim at Court and whether any further evidence is required.
If Court proceedings are issued, the Court sets out a timetable requiring both parties to take various steps to prepare the case for Trial. We estimate that a case will be ready for trial within a year of Court proceedings starting.
Offers to Settle
Either party can make an offer to settle the claim at any point before the claim gets to trial. We will always discuss the possibility of making an offer with you. If we receive an offer from the other side, we will advise you whether we feel its reasonable, but ultimately whether to accept will be up to you.
If you want to enquire about making a claim, please contact a member of our team on 01895 207 835 or 01895 207 295. Alternatively, you can send an email with your name and contact information and brief details as to the nature of the accident/clinical negligence and the injuries sustained to PI@ibblaw.co.uk and one of our team will be able to help you.
