Personal injury has now become a booming business and the law surrounding PI claims is convoluted and complicated, however, there are ways of simplifying a claim and getting through the process swiftly and efficiently. Personal injury is defined legally as a person who has suffered harm to their body, mind, or emotions that has been caused by the negligence of another person. The most common type of claims is road traffic accidents.
Legal Aid has been withdrawn for PI claims and many companies offer to handle a case on a ‘no win, no fee basis. There is a time limitation on claims this must be three years from the date of the incident. There are exceptions to this rule, in the case of damage to a person’s health which has been exacerbated as a result of an accident. A judge can set aside the time limitation if he/she feels it is appropriate.
The Ministry of Justice Protocol was reformed in 2005 which enabled a fast-track process of PI claims with time limitations to be adhered to. So in the event of a car accident, claims could be handled swiftly to fix costs of the claims with claims under £10,000 Under the MOJ protocol, claims are processed in stages and claims can be settled in as little as 90 days. This also avoids lengthy litigation and covers all aspects of the claim, such as liability being admitted, which is stage 1. Stage 2 consists of the third-party insurers applying for medical records, to check on pre-existing conditions which may be defense worthy, Stage 3 process covers the process of offers and leads to full and final settlements. Stage 2 can be the stage where third-party insurers can assess whether the claim is valid and if there are pre-existing conditions that can be argued, then the claim will fall out of the MOJ protocol guidelines. If the case does default to normal protocol, this lengthens the case as both parties prepare to intend to launch court proceedings.
If a claim is dealt with under MOJ guidelines, this simplifies matters and avoids long-drawn-out court appearances. The lower value cases will usually be handled by legal case handlers as opposed to a solicitor, due to the nature of the fast track process being so swift. The cap on fees is a major factor in solicitors being against this fast track process and the guidelines do run the risk of people settling for less than the claim is really worth. The process can also be handled electronically, therefore reducing legal costs significantly.
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