Can I still make or progress a personal injury claim during lockdown?

The current Covid-19 situation is a troubling time for all, and those who might have considered embarking upon a claim arising from serious injury may feel tempted to postpone taking any action until things have settled. However, those who have already commenced litigation or who are expecting a case to go to Court in the near future, may be concerned about what the current lockdown will mean for them.

Members of the Clinical Negligence and Catastrophic Injury (CNCI) team at Harrowells deal with a number of high value and complex claims, many of which are the subject of Court proceedings. The team, its professional contacts and the Court service are all responding swiftly and effectively to the challenges posed by the current situation.

The specialist team at Harrowells are continuing to pursue claims in the usual way. Staff are working remotely and safely but with full access to all necessary documents and systems. We continue to communicate with all other parties and to be able to progress and indeed conclude claims.

The current lockdown has impacted upon arrangements for medical assessments of clients but we are working closely with many experts who can offer remote video assessments via various video platforms e.g. Skype, FaceTime etc. Video assessments of this sort should enable many experts to compile reports even during lockdown so that the claims can be progressed normally thereafter. In a few cases where a physical examination is required before a report is issued, experts are offering follow-on examination appointments which will take place as soon as lockdown comes to an end.

Many of our clients are expecting their cases are to be the subject of Court hearings shortly. The Court has, for some time, allowed some hearings to go ahead by way of telephone and we are continuing to participate in these hearings during the current situation.  The Courts have also recently dealt with hearings by way of videoconferencing utilising various platforms including MS Teams and Zoom and we are also using these and other platforms for meetings and discussions with experts and specialist barristers.

Those who have queries about potential negligence claims should seek advice promptly and not to delay doing so until after the lockdown is lifted. Although parties involved in ongoing claims are acting reasonably in terms of negotiating extended time limits where possible, there is a danger for clients in delaying seeking advice. There are time limits which apply to claims for compensation and those time limits are not automatically stayed or lifted during the current situation. Those needing advice about possible claims should contact Kim Daniells on 0845 601 4499 or by email at enquiries@cnci.co.uk

Whilst the current situation poses a challenge to all sectors of society and to many businesses and professionals, it is very much business as usual for the CNCI team at Harrowells.