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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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I have a personal injury claim from an accident that

Customer Question

I have a personal injury claim from an accident that occurred almost three years ago - on 18th Oct 2013. The other party haven't settled yet, and the case is now being handled by a specialist litigator. What is the role of the litigator? And, what is meant by "issuing proceedings"? Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

The litigator is the court lawyer who will take this to court. Issuing proceedings is the process of going to court and serving papers on the other party. If this isn't done at this stage your case would become time barred and you wouldn't get anything.

Customer: replied 1 year ago.
Thank you for your answer. My litigator is currently preparing the documents to send to the court and will send me copies for my approval. She mentioned she would send me a claim form and the particulars of the claim. Do I have to complete the claim form? Kind regards, Olga
Expert:  JGM replied 1 year ago.

No, they should do that and send it for your approval.

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Customer: replied 1 year ago.
Thank you for your answer. Do I need to sign this form, and could I do that by email? Thanks, Olga
Expert:  JGM replied 1 year ago.

The solicitor would generally sign the form on your behalf.

Customer: replied 1 year ago.
Besides the Claim Form, what other documents need to be sent to the court?
Expert:  JGM replied 1 year ago.

Anything relevant to the claim such as medical reports in your case for example. Your litigator will deal with what is required at the relevant time.

Customer: replied 1 year ago.
Thank you for your reply. I have received the Claim from the solicitor, and I have noticed a few errors in the form. Such as the statement under Value: "The Claimant expects to recover damages exceeding £1,000 but not exceeding £5,000 for which the damages for pain, suffering and loss of amenity will exceed £1000.00." These figures do not correspond to those in my Claim (which are higher), and do not include my Special Damages. Also, on the same form, the Amount claimed just says: tbc. I am asked to sign this form, but it appears that previous information hasn't been cleared from the form, and my reference number is ***** a digit! The injury is to my foot. How can I be expected to sign incorrect documents?
Customer: replied 1 year ago.
I meant to say: "Claim Form from the solicitor"
Expert:  JGM replied 1 year ago.

If the claim form is wrong you have to tell the solicitor and ask for a revised form.