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Hi there, what type of accident was it?
But how did the accident occur?
And who is the accident against?
Please note I am in and out of meeting s so may not be able to reply immediately
Hi there, it is certainly possible to issue a claim before the deadline even if the other side are delaying negotiations – that should not prevent you from pursuing your legal rights. You do however have to follow what is known as a pre-action protocol. You can find detals of that here:
As you will see you need to issue the other side with a letter of claim so read that section carefully as it tells you what you can do to issue the claim or delay proceedings in the event that no response or negotiations have been completed.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
You do not prepare the protocol as such - you follow it, a protocol is a series of steps you must follow to ensure that you are following a set procedure. If you have instructed a solicitor then they would be expected to follow that and you are of course able to check with them that they are doing so and what stage they are at.
It would be the 18 October 2016 but obviously you should not leave it until the last day. Documents can be prepared as fast as you need to - they can be done in one day if you instructed someone to do it, but if you are doing it yourself allow a bit more time - how long exactly is impossible to say as that depend on the complexity of the case, how much knowledge you have of the procedure, etc - it is entirely subjective
it is likely to be a few months, but it depends on how busy they are and how the overall procedure develops, does the other side defend it etc
No problem at all, always happy to help if needed
Negotiations can occur at any time, they can continue all the way up to any hearing in court so there is plenty of time. You certainly do not have to accept an offer you are unhappy with but obviously you have to be realistic as to what you may expect to recover if you were to proceed with the claim
As mentioned it is likely to take a few months. As you were the victim in the accident then you will be a primary witness and as such the court would like to see you
a solicitor will be there to present the case, apply procedure and advise you. But when you have your own personal evidence to submit to a court, for example if you were involved in the circumstances leading up to the claim, then a solicitor cannot appear to present that evidence for you - it is your own personal evidence, you have to do that yourself. You cannot be forced to appear as a witness but if you do not do so then that can affect the prospects of success in your claim. You need to discuss this with your solicitor
In your case yes, it is the accident. You were directly involved in the circumstances that led to the making of the claim of your evidence would be crucial. It could be the deciding point in whether the other party is found to have liability or not.
A claim has not been made because legal proceedings have not yet been issued
there is no immediate rush to issue proceedings straight away, especially as they would have to follow the pre action protocol I mentioned. So I do think some more patience will not harm you, as long as you are mindful of the deadline
no worries, all the best
ok thanks for the update. Ben
hi there is no such thing as 'correctly' asking for this, you simply contact them and ask them to supply you with whatever information you require.
A specialist litigator would be someone who specialises in personal injury claims and knows the procedure and would handle the case for you Unfortunately I cannot discuss these details with you on here because this quesiton is more than 7 days old and if you need further help you have to post a new question if you need further assistance.So if you need this please post it as a brand new question (not for my attention please as I am not always available so it will then be open to all other experts who can also help you). Thanks
you are most welcome