This is a question that we get asked time and time again. It is not always an easy question to answer. We always try to move a case forward as quickly as possible but at times we are relying on other parties (such as insurance companies and the Courts) to do this. We have policies in place to ensure that we move the case forward as quickly as possible at our end.
When a claim is formally taken on, that is when we have entered into an agreement (such as a Conditional No Win No Fee Agreement) with a client; we can start to prepare a formal Letter of Claim. The agreement is simply confirmation that we as a Firm of Solicitors agree to act on your behalf to pursue your claim.
Understanding claim time frames
The claims procedure depends upon the type of claim in question. In this post I will look at the time frames in respect of general personal injury claims, this does not include road traffic accident claims as this is run under a different protocol (or different set of rules).
The Letter of Claim would be sent directly to the Defendant whether this is a council, an employer, an occupier of land etc. The Letter of Claim is a formal letter which sets out the nature and circumstances of the claim. This Claimant’s version of the accident circumstances will be noted in the letter along with the reasons as to why the Defendant is at fault for the accident. The letter will also enclose a list of documents which should be disclosed by the Defendant if liability or fault is denied.
The Defendant has a period of 21 days to provide a response to the Letter of Claim. If the Defendant (or its insurers or solicitors) fails to respond in this time then a chase letter would be sent.
The Pre-Action Protocol for Personal Injury Claims sets out all the time frames in respect of general personal injury claims.
Following the initial 21 day period, the Defendant has a further 3 months to investigate the claim and provide a response to it. By the end of this period the Defendant should either admit liability in full or deny liability and provide the disclosure documentation requested. The Defendant would be expected to provide documentation or proof in support of their denial of liability.
If liability is denied then understandably the claim may take longer as the denial would have to be reviewed and considered. Your solicitor would consider whether the denial of liability is reasonable, whether proof of the denial has been provided etc.
We have to give the Defendant (or their insurers, solicitors or representatives) 3 months plus 21 days to investigate the claim. If the period expires and the Defendant has not provided a response, we can make an application to the Court for pre-action disclosure. In this application we would effectively be asking the Court for an Order to force the Defendant into providing the disclosure documentation or admitting liability for the accident.
We believe that it is best to cover ourselves before making an application for pre-action disclosure; otherwise the Court may think that we have issued the application prematurely and wasted valuable Court time. So rather than proceeding with an application for pre-action disclosure as soon as the time limit expires, we would first send a letter to the Defendant (or to their insurers, solicitors or representatives) to note that if a response is not provided within a certain time frame (such as 7 or 14 days) then the Claimant will proceed to make the application for pre-action disclosure. It is then very difficult for the Defendant to argue with the application if they simply do not reply to the correspondence.
At some point during the claim, medical evidence would be obtained. Depending on the nature and severity of the injuries more than one medical report may be necessary. The medical evidence would be disclosed to the Defendant.
As soon as medical evidence is disclosed, we may be able to negotiate compensation with the Defendant or we may ultimately have to issue Court Proceedings. Obviously you would expect a case to go through faster if liability was admitted and if settlement was negotiated successfully without the need to issue Court Proceedings.
When settlement is agreed, it is just a case of waiting for the compensation claim cheque to come through. We request that the Defendant provides the damages cheque within 14 days of an offer being accepted. Unfortunately insurance companies in particular can be very slow and in terms of the cheque it is a case of keep chasing them up until the cheque is received. As soon as we receive a settlement cheque we forward this onto the client and this ends the client’s involvement in the claim.
You may hear this a lot, but the old adage is true – in law, every case is different. We always endeavour to get you the compensation you deserve as soon as possible and we always try and get you the maximum compensation that you deserve.
Do not hesitate in calling The Injury Lawyers today – free from a landline or mobile – on 0800 634 7575.
