There are protocols to be followed before proceedings can be issued in your claim. Details of the claim must initially be submitted to the Defendant’s insurers. They will review and investigate your claim, ask any questions they may have and provide a decision as to liability. There will be a set timescale for this process depending upon the nature of the incident. Should they admit liability at this stage, we would begin to obtain medical evidence to support your claim. You would be examined by an independent medical expert who will produce a report which sets out details of your injuries, prognosis for recovery along with any treatment recommended to assist recovery.
If the other side deny liability, then they will provide the reason for their denial and the evidence to support this. This will be reviewed and discussed with you and advice provided on your prospects of proceeding. If it is decided you have enough evidence to proceed then as above, medical evidence will be obtained.
All evidence is disclosed to the other side once obtained, this allows the other side to make an offer of settlement, negotiations will begin, and instructions will be taken from you to make offers of settlement to the other side. If settlement cannot be agreed at this stage, either through offers being too low, or the other side simply refuse to make any, then only at this stage would the claim be issued at Court. Having a claim issued at Court usually places more pressure on the other side to settle a claim.