Civil Litigation Essay Example | Topics and Well Written Essays - 3000 words

Civil Litigation - Essay ExampleIt saves the aggrieved party of waiting for a keen-sighted trial before gaining both compensation and besides saves the defendant from inflated costs in guinea pig the ruling is to their disadvantage. In this case, the material facts are 1. The motorcyclist suffered personal injuries by sustaining whiplash, a broken leg and a broken nose. 2. You do not have valid insurance to drive the car involved in the virgule. 3. You have already been charged in a court of law for careless driving force. It is also valuable to recognize that having been found iniquitous of careless driving, the court must have upheld one or to a greater extent of the following elements of the provisions of Road Traffic Act 1988 Section 3 1. If a person drives a mechanically propelled vehicle on a road or other public place without imputable care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence. 2. A per son is to be regarded as driving without due care and attention specifically if he fails o exhibit competence and care. 3. In order to determine the purposes of what shall constitute subsection (2) above of what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused. 4. Other persons must be inconvenienced by the driving of a person for that person is to be regarded as driving without reasonable consideration for other persons. modus operandi for Pre- exertion Protocol for Personal Injury Claims. 1. Early Notification The guidelines allow for a ahead of time notification of emotional state to file a subscribe to to the defendant as soon as the legal representative ascertain that a personal injury claim is to be pursued. In your case, the letter from Mr Donnels Solicitors (A& T) amounts to early notification tally to the guidelines. The early notification does not necessary have to be detailed as the costs of the claim may not be crystal clear at this face. However, you are not under any obligation to respond to this notification as it does not start the timetable for responding. At this stage, it would be wise to look the likelihood of having to pay any legal claims that may arise relating to the personal injuries suffered by Mr. Donells. The possibilities at this stage is that the solicitors representing Mr. Donells are in all likelihood going to pursue personal injury claims against you and therefore early preparation is essential. 2. Letter of Claim If the solicitors for Mr Daniells choose to pursue personal injury claims, the next course of action leave be sending you a letter of claim. The letter of claim is usually sent to the lymph nodes insure for cases involving road accidents. However, the facts point out that you did not to enable you drive as at the occurrence of the accident. This means that the claim will be solely directly at you and you will be responsible for any financial interests arising from the claims. The letter of claim provides sufficient information for the defendant to assess the liability. Usually, it will include the full details of the hospital where the claimant was treated. This information is important in its entirety to help you prefigure the size of the claim. The letter of claim that may be issued should have a clear summary of facts of the accident indicating the nature of injuries