In the event of a Road Traffic Accident, you must follow the established procedure before making your personal injury claim. This protocol is important to take before making personal injury claims to make sure your claim has the best chance of success.
Notify the Defendant as Soon as Possible
Before proceeding with the Personal Injuries Claims process, it’s important that you or your appointed personal injury solicitor notifies the defendant about the claim. You are also required to send a detailed letter to the defendant, but the notification should arrive before the letter. It’s important to let the defendant know that you intend to claim for your damages. Also, if you have begun calculating the cost of your damages, then let the defendant know as soon as possible.
Detailed Claim Letter
After sending a notification, you need to send a detailed letter of claim to the other party. The letter should include an additional copy of the letter for the defendant’s issuer. The detailed claim letter should include the following information:
Investigation after the Acknowledgment
After receiving the claim letter and a response from the defendant, you need to be patient until the defendant issues a dispute. If there is no dispute from the defendant, there is no need for further investigation to support your claim. After the Detailed Claim letter, the defendant has three months to dispute the claim before it starts proceeding.
According to legal guidelines surrounding the personal injury claims process, the claimant will have to make sure to include all the experts they met in relation to the accident in the procedure. If the claimant has been seeing a medical expert for their injuries, then the defendant should acknowledge this in the proceedings. Defendants are also allowed to contact the expert and investigate them through a legal notice as part of their defence.
Settlement of Issues
If defendant disagrees about their liability, the claimant has the right to keep all their medical evidence secret from the other party. But if both parties agree on the liability, the claimant can disclose medical documents and inform the defendant in detail. The claimant then has 21 days to settle the compensation amount with the other party.
In Case of Failure to follow Protocol
Each stage in the official proceedings is important and failure to follow protocol can result in extreme consequences. For personal injury accident claims, the involved parties are required to follow protocol. Otherwise, the court has the right to suspend the case and issue orders for the claimant to pay all the costs incurred during the investigation.