‘Patience is a virtue’- this motto in my opinion has been done to death over recent years. I do believe that that there are times in our lives where we simply either cannot afford to be patient, or our patience is taken for granted; one particular area where this is most potent is in the world of personal injury.
For most of the unfortunate people who find themselves to be a victim of negligence, their main aim is to not only recover compensation for their pain, but also to receive closure of the situation as quickly as they can. With this in mind and to ensure that the legal procedure for claims is kept relatively straightforward, there are certain things we can do to speed up the process when the other side or their insurers delay the process by failing to adhere to the rules in place. One such avenue is a “Pre Action Disclosure Application.”
The nature behind a Pre Action Disclosure Application is relatively straightforward to follow. When a defendant fails to comply to the compulsory time limit for injury claims of 3 months and 21 days (to investigate your accident and injuries), we are well within our rights to make a request to the court which forces the Defendants side to disclose any documentation or evidence they may have that could be used as vital evidence in determining whether you have a winning claim or not.
A witness statement to show all the correspondence made between us and the Defendants side as an overview of what has been done to finish the investigation process is made, and arrangements for court attendance will be completed. Don’t worry though – for this type of thing, it’s very unlikely you will need to attend it!
On the day of the hearing, the Judge will either agree with the order we propose and force the other side to give us the documents we need, or unfortunately they may decline it. Why they would decline something that can help to speed up the process of a claim is slightly confusing at time; but it does happen…
It is important to understand that the documentation being requested for disclosure is of paramount importance to your claim, as it is the only thing the Defendant’s representatives could have to justify defending the claim. Because of this, the obtaining of this information from our side is essential to thoroughly investigate the prospects of a successful settlement.
