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Pre-Action Protocol for Personal Injury Claims

Under the new regime of pre-action protocol for personal injury claims following the Woolf reforms and justice report there are now some pretty stringent procedures that need to be adhered to.

The whole point of the pre-action protocols for personal injury claims is to get both parties communicating at the earliest opportunity. The aims are to try and get pre-action contact between the parties involved, for evidence to be openly exchanged and ideally, where possible for settlement of personal injury claims to be agreed before any need to actually attend the court room litigation.

Another major part and pro-active gesture is to review and promote the obtaining of medical and rehabilitation treatment for any type of personal injury claims. The pre-action protocols for personal injury claims and indeed all types of claims (except clinical disputes, disease and illness protocols) has been kept simple in its scope.

In most cases the claimant’s legal representative will make early and direct contact with the possible defendant to inform them a compensation claim is likely to be made against them.

Contact is usually done in the form of a compliant letter containing specified and required details. The reason early notification is given is usually to give the defendant three months to investigate the matter. Another important note is the encouraged joint selection of any experts used especially the use of medical experts in personal injury claims.

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