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If you decide to pursue a claim, we will need to obtain a signed client care agreement, conditional fee agreement or contingency fee agreement, confirmation of your identity and address and obtain further details about your accident. This is the information gathering phase.
Once we have all the information we need we will then prepare a claims notification form (“cnf”), this document is used to start your claim.
The Ministry of Justice have arranged for all new personal injury claims where someone had been injured in an accident and the damages are likely to be over £1,000 but less than £25,000 to be processed through a computer Portal. The Portal is a system which is accessed by your lawyer and the Defendant’s insurer and they exchange information which enables them to assess the value of your claim and hopefully agree upon a settlement.
If your claim is more serious then it will then follow the personal injury pre-action protocol, if your claim is not settled in the Portal or through the personal injury protocol then you may need to issue proceedings.
Once your claim is sent to the Defendant then they will have a deadline to decide whether they agree their insured is responsible for your accident.
Sometimes claims can be agreed on the basis that the Defendant is only partly responsible for your accident, this is called contributory negligence. For example if you have a claim which is worth say £4,000 and liability is agreed at 50/50 in other words each party is equally to blame, then in this case you will receive £2,000. You will receive your full entitlement to costs from the Defendant.
If you do have any more questions then please do not hesitate to contact me or a member of my team on 0333 200 4605 or email email@example.com
CAM Legal Services are authorised and regulated by the Solicitors Regulation Authority (Number: 592183).
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