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

Tort / Personal Injury

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

By Antonia Ford
Law Brief Publishing February 2020

Specifications

ISBN-13
9781912687619
Publisher
Law Brief Publishing
Publication
February 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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.

Table of Contents

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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