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Pre-action protocol for personal injury claims revised

08 | 06 | 15

By SheldonDavidsonSolicitors

The pre-action protocol for personal injury claims has been revised by the government. The new version became effective on 6th April and outlines new requirements that road traffic accident victims and their lawyers must meet.

What are the main amendments?

Significant changes have been made to the rules for medical reporting in soft tissue injury claims (this is the category whiplash comes under). Medico-legal experts and medical reporting organisations (who provide claimant lawyers with reports to present in court) now have to be registered with MedCo, a non-profit organisation that has been appointed to oversee medical reporting.

MedCo’s governance means the lawyers of claimants can no longer get their medical reports from organisations with which they have a financial relationship. The aim of this revision is to prevent the creation of exaggerated and biased reports – and thereby to foil fraudulent claims.

Another big change affects defendants. If the defendant in a case admits to causing the accident, they now also have to admit that their actions caused the claimant to suffer. Previously, a defendant could admit to liability for the accident and then subsequently argue that they did not cause the victim to suffer.

Personal Injury Solicitors must now check the claims records of prospective clients, in order to ensure they do not have a suspicious history of claims – in other words, to ensure they are not a fraudster who causes accidents so that they can claim compensation.

Discuss your accident with Sheldon Davidson Solicitors

Road accident cases, even those which result in relatively minor injuries, can be very complex. It is crucial that you seek expert advice and guidance shortly after you have your accident – and certainly before you decide to take any legal action.

Sheldon Davidson Solicitors are Personal Injury Claim experts with a long-standing track record of settling a broad range of Personal Injury Claims, including everything from road traffic accident claims and Accident at Work Claims to Medical Negligence Claims, such as Prostate Cancer Negligence Claims.

Call us on 0808 9000 990 to discuss your accident and we will tell you what your options are. Alternatively, fill in the contact form at the top of the page and we will get back to you quickly. Our advice is always honest and practical.

(The full version of the revised pre-action protocol for personal injury claims is available on the Ministry of Justice website.)