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Initial Interview
Following the initial discussion you will be sent the relevant paperwork to enable
you to instruct JDM Legal to start pursuing the claim for you. At this stage we
will, if it is appropriate, take out insurance to protect you against any cost liabilities. This
is known as After the Event Insurance.
The next step depends on the type of case
you are pursuing. If it is a personal injury claim we will write a letter of claim
to the Defendant detailing the accident circumstances, what injuries and financial
losses you have incurred and why we consider them to be at fault. We will also ask
the Defendant to consider rehabilitation and to agree to fund treatment. If they
refuse we can organise this for you.
Protocol, Evidence Gathering and Medical Records
The protocol which applies to personal injury claims then gives the Defendants 21
days to acknowledge the letter and then up to a further 3 months to investigate. During
this time we may contact any witnesses to obtain supporting statements, apply for
your medical records, instruct a medical expert and prepare a schedule setting out
your financial losses.
In clinical negligence cases we will need to obtain your
medical records and an initial medical report before the letter of claim can be sent. This
is to ensure that an independent expert believes that negligence has occurred and
very detailed allegations can be raised against the hospital or clinician. Once that
letter is sent, they have 4 months to investigate.
For accidents abroad, we will determine
the best country in which a claim should be brought.. This will depend on where
the accident happened, where the Defendant lives and how the trip was booked. Each
Country has its own rules and procedures and these need to be followed.
Settlement and Court Proceedings
Most cases settle without the need for a trial. You will be kept fully informed throughout the process as we at JDM Legal never forget that at the heart of every claim is an individual.
When calculating the amount of compensation you may be entitled too, a lot of different aspects need to be taken in consideration. The type of accident, the extent of the injuries suffered, how long you suffered physically and emotionally. Financial loss could be the treatment cost to your injuries, rehabilitation, lost income from days off work, pain and suffering, emotional distress as well as phyhesical losses are all important factors being considered in the estimation of the monetary compensation. You may have damage to your personal property that needs to be recovered.
We offer you guidelines for each particular personal injury and can give you a rough estimate of the amount of compensation you could be entitled too. Click the part of the body to get a idea of what you may expect for your injuries.
Liability and Disclosure
For claims proceedings in England and Wales, once the Defendants have investigated the claim they have to inform you if liability is admitted or the allegations are denied. If liability is admitted the next step is to gather the evidence that will enable us to value your claim and determine a reasonable compensation award. We may be able to negotiate an agreement with the Defendant and settle the case out of court. If not, proceedings will be issued, a barrister instructed on your behalf and a Court date fixed so a Judge can determine how much you should be awarded.
If liability is denied they have to set out the reasons why and disclose all evidence they intend to rely on to support that denial. The Defendant has to answer every allegation made against them. This will be fully considered and the merits of your claim reassessed. If we are satisfied that prospects remain strong we may involve a barrister or instruct a new expert. We can try to negotiate a settlement and will put offers to the Defendant. We may have to issue court proceedings and ask a Judge to determine firstly who was to blame and the secondly how much compensation should be awarded.
