The Pre-Action Protocols are a series of steps designed to resolve compensation claims without the need for court proceedings. There is a different Protocol for different types and values of claims. It is important that you follow the correct steps to resolve your claim. This is where a solicitor’s support could prove useful.
An experienced solicitor will ensure that your claim is accurately valued and all key documents are file d appropriately following the relevant Protocol. Furthermore, when making a compensation claim, you will need to support it with compelling evidence, which one of our solicitors could help you with.
Additionally, they could help you through the overall claiming process on a No Win No Fee basis. To find out if you are eligible to proceed with a claim, speak to one of our advisors. They will provide you with a free case assessment, which will consider your eligibility and estimate your compensation as well as provide general advice on how to claim and the Civil Procedure Rules.
Get in touch today:
- Fill out our contact us form and an advisor will call you back.
- Call 0800 073 8801
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- What Is A Pre-Action Protocol?
- Why Are Pre-Action Protocols Important?
- Types Of Pre-Action Protocols
- What Are The Stages Of The Pre-Action Protocol?
- What Happens If The Pre-Action Protocol Is Not Followed?
- Can A Case Settle During The Pre-Action Protocol Stage?
- How Our Solicitors Can Help With The Pre-Action Protocol Process
- Learn More
What Is A Pre-Action Protocol?
A Pre-Action Protocol is a series of steps that outline what must be done by the claimant and the defendant (including their solicitors and insurers) before court proceedings are issued.
Following Pre-Action Protocols allows for the early exchange of information. This can help avoid court proceedings by allowing for early settlement, which can occur at any stage of the Protocol.
Furthermore, you can instruct a solicitor at any stage of the claims process. So, even if you have already started your claim, speak to one of our advisors who can connect you with one of our solicitors. An experienced solicitor will help you avoid litigation by ensuring compliance with the Protocol.
Why Are Pre-Action Protocols Important?
The Pre-Action Protocols are important because they reduce the number of claims going through the courts. By following the steps in the Protocol, claims can often be settled between the claimant and defendant before more formal legal proceedings are issued. Generally, this is in the best interests of everyone involved.
The Protocols define the expected conduct of both the claimant and defendant throughout the claims process. If one of our solicitors represents your claim, they will handle these steps for you. Should formal court proceedings be needed, your solicitor can ensure that you have appropriate legal representation and support during the process. Please speak to one of our advisors to find out if you are eligible to pursue a compensation claim.
Types Of Pre-Action Protocols
There are different types Pre-Action Protocols for different claims. The type of claim you are making will follow the specific procedure for that particular case. These include:
Furthermore, there are different protocols for different personal injury claims. These include the Pre-Action Protocol for:
- Personal Injury Claims
- Low Value Personal Injury Claims In Road Traffic Accidents From 31st July 2013
- Low Value Personal Injury (Employers’ Liability and Public Liability) Claims
- Road Traffic Accident Small Claims Protocol
If you are making a claim for an:
You will need to follow one of the protocols listed above as these all fall under the personal injury claim umbrella. The best way to find out which Protocol is the one that you should be following is to speak to one of our advisors who can advise you on the best way forward.
What Are The Stages Of The Pre-Action Protocol?
The stages of the Pre-Action Protocols start with informing the defendant that you will likely be making a claim and they generally end with either a resolution (settlement or you lose the case) or end up going to court.
Before we look at the different steps, it is worth noting that you can instruct a solicitor at any stage to help you through this process.
Letter Of Notification
The Letter of Notification informs the defendant that you intend to make a claim. The defendant should acknowledge this notification within 14 days of receipt.
Letter Of Claim
The Letter of Claim is the official notification that you are taking civil action against the defendant. It should include:
- Your full name and address,
- Summary of facts of the case and a simple explanation as to why you are assigning fault to the defendant,
- Description of your injuries,
- Details of loss of earnings, including occupation, dates of absence and approximate weekly income,
- Details of other financial losses.
Two copies should be sent to the defendant; one for them and one for them to send onto their insurer.
Defendants Investigation And Response
Once the defendant has received the Letter of Claim, they have 21 calendar days from the date of posting to identify their insurer and acknowledge the Letter of Claim. From there, they have 3 calendar months from their date of acknowledgement of the Letter of Claim to investigate. If they deny liability, their version of events should be supplied, and they should also disclose any documents that would likely be ordered to be enclosed by the courts.
Disclosure Of Documents
The aim of disclosure is to promote early exchange of anything relevant to the case to help clarify or resolve the dispute. These documents will vary depending on the type of claim being pursued, but may include:
- Vehicle maintenance records if it is believed that a defect caused a road traffic accident,
- Accident book entry if claiming for a workplace injury,
- Inspection records if making a tripping claim against the Highway Authority.
Furthermore, the claimant’s solicitor may identify in the Letter of Claim or subsequent letters, particular types of documents that they consider relevant and the reasoning behind this. Additionally, the defendant needs to preserve documents and evidence relevant to the claim.
Medical Evidence
If you are making a personal injury or medical negligence claim, or seeking compensation for non-material damage caused by a data breach, you will need to provide proof of your injuries. You will generally need a copy of your medical records, which your solicitor can then disclose to the defendant.
Additionally, you may have to attend an independent medical review. This will allow for a full understanding of the scope of the harm you suffered, including the prognosis and what impact it is expected to have on your daily life.
Under the Pre-Action Protocol, prior to an expert being appointed, the other party should provide a list of those in the relevant speciality whom they consider suitable. The other party is allowed to object to one or more of the named experts within 14 days.
Alternative Dispute Resolution
Alternative dispute resolution (ADR) could allow for the case to be settled without court proceedings. ADR allows for negotiations and discussions between solicitors representing the claimant and defendant.
Further examples of ADR include:
- Mediation
- Arbitration
- Early neutral evaluation.
Should the claim then proceed to court, the parties involved may need to provide evidence that ADR was considered. If non compliance with any of the stages occurred, there should be sufficient information as to why.
To find out if one of our solicitors can support your claim, even if you’ve already started the Pre-Action Protocols, speak to one of our advisors. An experienced solicitor can help negotiate the particulars of your case and ensure that you are adequately compensated.
What Happens If The Pre-Action Protocol Is Not Followed?
If the Pre Action Protocol is not followed, the defaulting party may have to pay additional costs. Furthermore, if the defaulting party is awarded compensation in court proceedings, the amount could be reduced should a failure to follow Pre Action Protocol occur.
As stated earlier, it is generally in the best interests of everyone involved to resolve the claim before court proceedings are issued. Following the Pre-Action Protocols allows for this early resolution.
The Pre Action Protocol may seem daunting to you, but an experienced solicitor of ours know how to navigate these stages and can also negotiate your claim on your behalf. Furthermore, should starting court action be necessary, they can ensure that you have appropriate support and representation. Speak to an advisor now to find out more.
Can A Case Settle During The Pre-Action Protocol Stage?
Yes, a case can settle during the Pre-Action Protocol. In fact, this is desirable and the entire point of Pre Action Protocols. It is generally in everyone’s best interest (and not just the successful party) to settle a claim before court proceedings are issued.
Furthermore, a claim can settle at any stage of the Pre Action Protocol. For example, the defendant may accept liability and offer a settlement very early on and you may find the offer fair. Alternatively, the defendant may accept liability but the amount offered for damages could be negotiated and settled outside of court.
Speak to an advisor now to find out if one of our solicitors could help with your case.
How Our Solicitors Can Help With The Pre-Action Protocol Process
There are many ways our solicitors can help with the Pre Action Protocol, including:
- Sending the initial Letter of Notification and helping you gather the information needed for the Letter of Claim
- Drafting the Letter of Claim
- Connecting you with a medical expert to ensure that all of your injuries are considered
- Making sure that any documents the defendant asks for are disclosed within the relevant time limit
- Negotiating the claim
- Managing any form of Alternative Dispute Resolution, should the claim progress that far
Our solicitors have many collective years of experience handling claims just like yours. They are experts at navigating the various legal processes. Additionally, they offer their services through a type of No Win No Fee contract known as a Conditional Fee Agreement (CFA). By using this type of agreement, you:
- Won’t need to pay solicitors’ service fees upfront or as the claim progresses.
- Also won’t need to pay solicitors’ service fees if your claim is not successful.
However, if your claim has a favourable outcome, your solicitor will deduct a success fee from your compensation before sending the rest onto you. This amount is a set percentage that is not only agreed before work commences on your claim, but is subject to a legal limit by the Conditional Fee Agreements Order 2013.
Contact Our No Win No Fee Solicitors
To contact our No Win No Fee solicitors, get in touch with an advisor using any of the details listed below. Should your claim be eligible and if you wish to proceed with the services Accident Claims offers, you will be connected to one of our solicitors:
- Fill out our contact us form and an advisor will call you back.
- Call 0800 073 8801
- Ask your question in our live chat.
Learn More
The following guides might be useful:
- Guidance on housing disrepair claims.
- Learn about making a package holiday personal injury claim.
- Explore how many personal injury claims go to court.
Here are a few external resources that might help you:
- Information about the Ministry of Justice from the government.
- Advice from NHS England about requesting a copy of your medical records.
- Information about making a police report for different types of incidents from the Police.
Thank you for reading our guide about Pre Action Protocols. If you have any questions about the stages of compensation claims, speak to an advisor.
