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A Practical Guide to the RTA Claims Protocol for Personal Injury Lawyers

A Practical Guide to the RTA Claims Protocol for Personal Injury Lawyers

A Practical Guide to the RTA Claims Protocol for Personal Injury Lawyers

Author: Antonia Ford
Publisher: Law Brief Publishing
ISBN: 9781912687619
Published In: February 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 699.86

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Description
Contents

Details

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol) provides a streamlined process for the handling of personal injury claims valued between £1000 and £25,000. For RTA personal injury litigators the Protocol is pervasive.

It effects decision making relating to appropriate cases to pursue, how those cases progress and ultimately the steps necessary within the litigation. Despite its objectives of simplifying claims and increasing access to justice, the Protocol exposes users to a number of potholes which could adversely affect a claims outcome and could expose Practitioners and Claimants to both cost and damages sanctions.

The aim of this book is to provide a practical guide to all stages of the RTA Protocol to assist in the handling of pre-litigation claims and inform Practitioners of the potential impact that pre litigation decisions may have on future litigation.

Introduction – Aims of the Protocol

Chapter One – Stage 1

1. Suitability of the Portal

2. Limitation

3. Claims Notification Form

4. Rehabilitation

5. Defence Response

Chapter Two – Stage 2

1. Progressing to Stage 2

2. Status of the Settlement Pack

3. Timing

4. Medical Evidence

5. Legal Advice

6. Contributory Negligence

7. Interim Payments

8. Defendant’s Response

9. Failure to Reach Agreement

Chapter Three – Stage 3

1. Commencing Stage 3

2. Defendant’s Response

3. Consideration of the Claim

Chapter Four – Admissions and Settlements

1. Admissions

2. Settlements

Chapter Five – Costs

1. Fixed Costs

2. Disbursements

3. CPR Part 36

Chapter Six – Withdrawal

1. Routes to Withdrawal

2. Consequences of Withdrawal

3. Case Analysis

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