The Pre-Action Protocol for Personal Injury Claims sets certain principles which the parties to a personal injury claim are expected to comply with before formal court proceedings are issued. The main aim of the Protocol is to encourage the parties to exchange information at an early stage and to consider using a form of alternative dispute resolution to settle the claim.
Whether you ask a solicitor to make a personal injury claim on your behalf or decide to deal with your own claim, the Pre-Action Protocol may be used.
When does the Protocol for personal injury claims apply?
The Protocol applies to many personal injury claims. It does not apply to clinical negligence claims, disease and illness claims, and low value personal injury claims arising out of road traffic accidents. There are other Protocols in place for those type of claims.
The Protocol is primarily designed for moderate value claims and some aspects of the Protocol may not be appropriate for cases involving very serious injuries. However, the “cards on the table” approach advocated by the Protocol is equally appropriate to high value claims. The spirit, if not the letter of the Protocol, should still be followed for those cases.
What are the overall aims of the Pre-action Protocol?
The overall aim is to have a set protocol or procedure for the way moderate value cases are to be dealt with before court proceedings are issued. The Protocol’s aims are: –
That both parties provide as much information as they...
Read Full Story: https://www.lexology.com/library/detail.aspx?g=169814cf-bd79-47a8-9010-225e289f657c
Your content is great. However, if any of the content contained herein violates any rights of yours, including those of copyright, please contact us immediately by e-mail at media[@]kissrpr.com.