If you’re looking to pursue a personal injury claim, one of the first and most important steps in the process is issuing a letter of claim. In this helpful guide, we’ll take you through the details of the letter, what it means for injury claims and what it should include.
What is a letter of claim?
Sometimes referred to as a letter-before-action, a letter of claim is a document that formally notifies the defendant of the claim being made against them at the start of a personal injury claim. It sets out the facts of the case including:
- How the injury was sustained
- Why the defendant may be to blame
- The groundwork for early negotiations
A well produced letter of claim can potentially avoid a lengthy settlement or court proceedings if all sounds air-tight.
Why does a letter of claim matter?
A letter of claim is a legal must when pursuing compensation from a defendant after a personal injury. It’s part of the pre-action protocols established in the Civil Procedure Rules — which aim to encourage cooperation between claimants and defendants and early settlements out of court. A letter of claim creates an opportunity for both sides to communicate early on and set terms. In many cases, this saves time, stress and cost for all involved. Without a Letter of Claim, a claimant risks non-compliance with legal procedures, which could delay or weaken their case.
When to send a letter of claim
A letter of claim should only be sent after you’ve gathered as much information and evidence about the accident that caused your injury as possible. At Injury Lawyers 4U, our expert solicitors can help ensure the letter is sent at the right time and includes all the evidence needed to strengthen your case.
What should a letter of claim include?
A good letter of claim should be clear and concise, while still including all the facts that are relevant to your case. These are the key elements that should be included:
- Your details — This includes your full name, address and contact details.
- Accident description — Detail what, when, why and how the accident occurred, including date, time and location.
- Summary of injury — This includes medical reports or initial healthcare assessments.
- Defendant’s responsibility — Give an explanation of why the defendant is responsible, and how negligence could be at play.
- Financial losses — Include details of financial impacts to you, including loss of income and rehabilitation costs.
- Proposed settlement — Finish off the letter with potential resolutions the defendant could award you.
Be sure to avoid aggressive language and focus on the facts instead — if you have an airtight case, the facts will back you up more than any suggestive text.
What to do if you receive a letter of claim
If you’re a defendant, receiving a Letter of Claim requires immediate attention. Here’s what you should do:
- Respond within 21 days (or up to 42 days if you live outside England and Wales).
- Gather evidence to respond within three months.
- Seek legal advice to help understand the claim against you and prepare a response.
If you are a defendant and you have accepted liability for another person’s injury, you should then prepare for a settlement negotiation.
The importance of legal guidance in drafting a letter of claim
If you are looking to pursue a personal injury claim and need assistance with drafting a letter of claim, working with an expert solicitor ensures you’ll make no mistakes and present a compliant and concise case. Here’s how we can help you:
- We’ll strengthen your claim by ensuring all necessary details and evidence are included.
- We’ll make sure you’re compliant to avoid any delays or procedural errors.
- We’ll give you strategic advice throughout to identify potential weaknesses and provide solutions.
- We’ll assist you with negotiations, especially if you are claiming against an aggressive or dismissive defendant.
At Injury Lawyers 4U, our experienced team can guide you through drafting and sending a Letter of Claim, kicking off your case without any hassle or stress. Contact us to find out more or to arrange for a free consultation with one of our expert lawyers.
Frequently asked questions
What if the defendant doesn’t respond?
If you send a letter of claim to a defendant and you are ignored, our solicitors will advise on next steps — this could be sending a reminder or preparing to escalate the case.
How long does the defendant have to respond?
Typically, defendants only have 21 days to acknowledge the claim and three months to give their full response.
What happens if the claim is denied?
If the defendant denies your claim, they must provide their reasoning and version of events. This will initiate negotiations to determine the facts, which may delay the settlement process.
Can I amend my letter of claim if I need to add information?
Amendments can be made if new evidence emerges, but it’s best to provide as complete a letter as possible initially.