Progression of a Simple Accident Claim

Initial consultation with client to discuss prospect of success

Send letter of claim to other side

Collate witness evidence in support

Obtain medical evidence to confirm the nature of injury

Quantify losses and expenses attributable to the accident

Send a copy of the medical report and schedule of losses to the other side

Commence negotiations towards settlement

If negotiation is exhausted prepare to issue proceedings

Draft court documents and then issue proceedings

Await receipt of the defence. This is a legal document prepared by the other side which will contain any arguments that they intend to rely upon against the claim.

Receive a timetable from the court setting out when and what steps have to be taken to lead to trial

Send to the other side all relevant documents in support of the claim. This can include medical notes, receipts. They will in turn send all relevant documents they have.

Send witness statement in support to other side. Await to receive any witness statement that they have.

A judge may decide that further medical evidence is needed to assist in deciding your case. Therefore the other side may be allowed to obtain their own medical evidence.

If all parties have obtained their own medical evidence, the experts may have to prepare a joint report.

Consider putting questions to all medical experts.

Send to the other side a final schedule of loss and receive a counter schedule from the other side outlining the areas of agreement and disagreement.

 

At the date of trial, the judge will make a decision as to who was at fault in causing the accident and what you should receive by way of compensation.

For more information please email  pi@newhamptonlaw.com