31/03/2006
Riaz Khan & Co. Solicitors goes online. |
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Personal Injury Claims Step by Step Guide
- The solicitor will obtain detailed information about the potential claim.
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The solicitor will risk assess the claim and provide an opinion as to the prospects of success.
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If the claim is accepted, enquiries will be made as to the proper funding basis of the claim. This will either be through Before the Event Insurance idemnity or on a Conditional Fee (no win no fee basis).
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The client will be sent detailed client care and costs information.
- The client will be asked to complete and return:
i) Medical authority
ii) Personal Injury Questionnaire
- The client's medical records will be requested and a medical expert will be nominated and instructed to set a date to examine the client for the purposes of the claim.
- A detailed letter of claim will be prepared and will be sent to the opposition, they have three months in which to investigate and provide a detailed response.
- The client will be asked for deatils of items of financial loss to be included in the claim.
- Interim payment of financial losses will be requested from the opposition.
- There will be contact with the opposition to try and resolve a liablility positions.
- If liability is not admitted by the other side, further enquiries with the client and witnesses will be made. Enquiries may also be made at the accident location, for example, in the work place or public place.
- Where liability is still disputed offers to settle the liability will be made once agreed by the client.
- At the medical examination appointment, the client will be examined by the nominated expert and a report will be prepared.
- If this is a final report, offers to settle the level of compensation will be made once agreed by the client.
- If the report reveals that further medical investigation is needed by other specialists, this will be organised.
- If the injury has not settled down or further medical treatment is needed the case will be reviewed at a later date when the medical evidence is complete.
- Once the injury has settled down and the medical evidence is finalised and approved by the client, negotiation will commence at the appropriate level of compensation, including all financial loss.
- Usually, through a negotation process, settlement can be agreed in the vast majority of cases.
- In the few cases where settlement cannot be reached, legal proceedings may be necessary. Even in the cases that require legal proceedings, the majority are concluded during the litigation process and the case does not reach trial.
- Claimants are kept up to date at all times and are supported with realistic and complete legal advice throughout the claim process.
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