Civil Litigation - Essay Example

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Civil Litigation Name: Institution: Case 1: Personal Injury Practice and Procedure The law on the practice and procedure for personal injury claims is usually complex and tedious. This is because personal injury cases require concrete evidence to be tabled and intense negotiations between both parties involved in the case…
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Civil Litigation
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Download file to see previous pages It saves the aggrieved party of waiting for a long trial before gaining any compensation and also saves the defendant from inflated costs in case the ruling is to their disadvantage. In this case, the material facts are: 1. The motorcyclist suffered personal injuries by sustaining whiplash, a broken leg and a broken nose. 2. You do not have valid insurance to drive the car involved in the accident. 3. You have already been charged in a court of law for careless driving. It is also important to recognize that having been found guilty of careless driving, the court must have upheld one or more of the following elements of the provisions of Road Traffic Act 1988 Section 3: 1. If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence. 2. A person is to be regarded as driving without due care and attention specifically if he fails o exhibit competence and care. 3. In order to determine the purposes of what shall constitute subsection (2) above of what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused. 4. Other persons must be inconvenienced by the driving of a person for that person is to be regarded as driving without reasonable consideration for other persons. Procedure for Pre-action Protocol for Personal Injury Claims. 1. Early Notification The guidelines allow for a early notification of intent to file a claim to the defendant as soon as the legal representative feel that a personal injury claim is to be pursued. In your case, the letter from Mr Donnels’ Solicitors (A& T) amounts to early notification according to the guidelines. The early notification does not necessary have to be detailed as the costs of the claim may not be crystal clear at this stage. However, you are not under any obligation to respond to this notification as it does not start the timetable for responding. At this stage, it would be wise to explore the likelihood of having to pay any legal claims that may arise relating to the personal injuries suffered by Mr. Donells. The possibilities at this stage is that the solicitors representing Mr. Donells are in all likelihood going to pursue personal injury claims against you and therefore early preparation is essential. 2. Letter of Claim If the solicitors for Mr Daniells choose to pursue personal injury claims, the next course of action will be sending you a letter of claim. The letter of claim is usually sent to the client’s insure for cases involving road accidents. However, the facts point out that you did not to enable you drive as at the occurrence of the accident. This means that the claim will be solely directly at you and you will be responsible for any financial interests arising from the claims. The letter of claim provides sufficient information for the defendant to assess the liability. Usually, it will include the full details of the hospital where the claimant was treated. This information is important in its entirety to help you estimate the size of the claim. The letter of claim that may be issued should have a clear summary of facts of the accident indicating the nature of injuries ...Download file to see next pagesRead More
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