What is the process of issuing proceedings to court for personal injuries?

author

Hi
I had a accident,went through the injuries board process,months later i get word they cannot assess because it does not fall into there time scale.
My solicitor says she has to issue proceedings to the high court.
What does this involve?
How long does this take?
Does the other side/insurance company get a copy of prodeeding?
Will they tell me how much compensation they are seeking ?
thanks for any info.

ResearchWill

author wrote: »

Hi
I had a accident,went through the injuries board process,months later i get word they cannot assess because it does not fall into there time scale.
My solicitor says she has to issue proceedings to the high court.
What does this involve?
How long does this take?
Does the other side/insurance company get a copy of prodeeding?
Will they tell me how much compensation they are seeking ?
thanks for any info.

Once an authorization issues from PIAB, you solicitor will send papers to a barrister. The barrister will draft proceedings in your case the High Court, called a Personal Injuries Summons, that will contain information like your name and address and occupation, the defendants details (it will name the person who caused the injury not the insurance company) the PIS will set out how the accident happened and that it was caused by the defendant, it will also set out particulars of negligence and set out the injury suffered by reference to medical information.

That document will be served on the defendant after is has been stamped and issued in the central office. The defendant will be informed to give it to insurance company or the insurance company may have already nominated a solicitor for service. The defendants solicitor then enters an appearance, followed by a Defence. There may be a notice for particulars (sets of questions) and discovery and inspection requests. When all the information is exchanged then you solicitor will set the matter down for trial, it will then get a trial date. Time line anything from a few months to settle to a number of years for either trial or settlement.

Your solicitor will if you ask him get the barrister do do an advice on quantum that is what he believes the matter is worth. In some cases it may not be possible to do this with any certainty early on as symptoms may not be fully settled.

ResearchWill

author wrote: »

Thanks.
Does it make any diference to the case that the injuries board could not assess it and liability is not a issue.
The other side made an offer after the injuries board let it go and before a barrister looked over the case,but my solicitor says to hold out.
Is it my solicitor or barrister that can sort out a deal now?

Then take advice of your solicitor he has all the relevant information.