Personal injury litigation process

Abstract

Purpose

This paper aims to consider the claims process for personal injury matters, prior to and post commencement of litigation.

Design/methodology/approach

The paper includes an examination of the personal injury pre‐action protocol and thereafter, the actions required to commence legal proceedings. Flowing from this is a step‐by‐step guide to the actions required to prepare a case for trial. It concludes with a summary of the trial process, in the event that the case is not resolved by other means.

Findings

The actual steps and timetable for the resolution of personal injury neurological cases will vary and be dictated by the particular facts of each case. However, they will all broadly follow the approach outlined, with compliance with the pre‐action protocol before commencement of proceedings. Those proceedings will then be tightly managed by a judge through one or more case management conferences before a trial will proceed.

Originality/value

The paper provides details of the litigation process so that health professionals feel comfortable with the framework of litigation and can understand the client's anxieties. Therefore, it is important that those same professionals are familiar with the personal injury litigation process, to enhance their role and contribution to a case, to the benefit of the mutual client.

Citation

Underhill, M. (2011), "Personal injury litigation process", Social Care and Neurodisability, Vol. 2 No. 2, pp. 105-111. https://doi.org/10.1108/20420911111142777