Home | Login | Register | FAQs | Samples: Personal Injury * Conveyancing * Family

Personal Injury

General risk management

  1. Legal services – knowledge and expertise
  2. Client selection and identity
  3. Conflicts of interest
  4. Engagement management
  5. Client management
  6. File management
  7. Communications
  8. Documentation
  9. Critical date management
  10. Delay – a common source of negligence claims
  11. Undertakings
  12. Supervision
  13. File reviews
  14. Training
  15. Complaints
  16. Negligence claims
  17. Risk management ethos
  18. Checklist

Taking on a new case

  1. Identifying the client, their objectives and the cause of action
  2. Taking and confirming instructions
  3. Considering risk
  4. Creating a case action plan

Limitation

  1. Identifying the correct limitation date
  2. Diarising the limitation date

Case funding

  1. CFAs
  2. BTE legal expenses insurance checks
  3. ATE insurance

Investigating the claim

  1. The pre-action protocols
  2. The letter of claim
  3. Early disclosure and pre-action applications
  4. Admissions
  5. Rehabilitation

Expert evidence

  1. Selecting suitable experts
  2. Issues affecting expert evidence

Factual evidence

  1. Preparing witness statements
  2. Exchanging witness statements
  3. Witness summaries
  4. Other types of factual evidence

Quantum

  1. Valuing general damages
  2. Drafting the schedule
  3. Interim payments

Issuing and serving proceedings

  1. Taking stock before issuing
  2. Time limits
  3. Naming the correct defendant
  4. Issuing a bare claim form
  5. Serving the claim form
  6. Where to serve the claim form
  7. Who should serve?
  8. Notification of the commencement of proceedings
  9. Notice of funding

Offers and settlements

  1. Making a Part 36 offer
  2. Receiving a Part 36 offer/payment in<
  3. Withdrawal of a Part 36 offer
  4. Without prejudice negotiations
  5. Full and final settlement
  6. Obtaining the court’s approval
  7. The CRU trap
  8. Mediation

Preparing the case

  1. Reviewing the defence
  2. Completing the allocation questionnaire
  3. Complying with the timetable
  4. Part 18 requests
  5. Pre-trial checklists
  6. Discontinuance
  7. Relying on counsel
  8. Preparing for trial
Need help? Contact cpdonline@legalease.co.uk
About the Author

Jessica Ross is a Partner at Veitch Penny Solicitors in Exeter and has practiced Personal Injury Law for over ten years with particular expertise in industrial diseases, repetitive strain injuries, vibration white finger, deafness, stress and work related upper limb disorder cases. Jessica also has substantial experience of dealing with large RTA Claims.

Jessica lectures regularly for CLT and is the Editor of the Personal Injury Law Journal.