Liability at Common Law

Negligence places a burden upon the claimant to prove:

1. The D owes him a duty of care.
2. The D is in breach of that duty.
3. The breach has caused consequential losses reasonably foreseeable.

Establishing liability for road traffic accidents:

Road users have a duty of care to avoid causing injury to others who maybe injured by their actions. The standard of care is that of the ordinary skilful driver. Drivers owe a duty to take reasonable care to ensure the safety of their passengers.

Funding: Many firms offer a free initial half-hour interview, where they will form a view as to the viability o a PI claim:

• Conditional fee Agreement: Under s58 of the Courts and Legal Services Act 1990, a solicitor and client can agree that the client will pay his own solicitor costs under certain agreed circumstances (usually upon winning).
• After the event insurance: Insured against having to pay the other sides costs and disbursements as well as own. Usually taken out once legal action is required and before proceedings have commenced,

The clients proof of evidence not to be confused with the clients witness statement. The function of the proof is to obtain the fullest possible detail from the client. Usually taken at the end of the interview.

Limitations

• Has the 3 years limitation period expired? If so the solicitor should consider issuing protective proceedings immediately.
• Or request for the limitation period be disapplied.
• When was the client aware of his injury and cause of action.

Steps to be taken to kick start RTA claim:

1. Get the CFA signed
2. Gather evidence (medical records)
3. Issuing letter of claim.
4. Contact witnesses.
5. Deal with any mitigating losses.
6. Consider money laundering.
7. Do an MID search or DVLA search.
8. Obtain a police accident report, from the Criminal Justice Support team.
9. Instruct a doctor
10. Proof of Evidence

Pre-action protocol -Letter of claim: Nominate a medical expert to be agreed by both parties and draft a schedule of loss.