INTRODUCTION This Checklist is designed to assist in the preparation of Chronologies in Serious Road Traffic Accident Claims (normally involving life changing head injuries), whether this be pedestrian, driver, passenger, motorcycle or vehicle based. The facts of these claims will vary greatly and, as such, this checklist is designed as a guide only. When DMR Collation are instructed in an RTA claim the following general checklist should be used when preparing the Chronology to ensure that all relevant issues in relation to limitation, liability and causation are documented appropriately. Not all the check points below will be applicable to each individual claim but the records need to be carefully considered to note entries relating to any of the following to ensure that the Chronology details everything of relevance. MEDICAL RECORDS TO REQUEST In RTA claims the following records should be requested (where applicable). 1. GP Records (Full i.e. from birth). 2. Hospital Records. 3. Occupational Health Records. 4. Personnel Records. 5. Inquest Documents in Fatality Claims (To include all depositions and post mortem report). 6. Medical Records from The Department of Work and Pensions Records (If injury registered as an Industrial Injury or Benefits Claimed) 7. Any private Records. 8. Military Health Records. 9. Social Services Records. If these have not been obtained to date they should be listed in the further records to consider requesting section of the Chronology. LIMITATION All medical entries which make reference to or indicate:- 10. The Accident Date. 11. If outside the 3 year limitation date any document to support a Section 33 application to justify delay making claim. 1 P age
BREACH OF DUTY/LIABILITY The issues here will be very much case specific. For example, in pedestrian claims any information regarding the Claimant s behaviour prior to the accident as well as speed of the vehicle will be relevant. In vehicle claims evidence that the Claimant was wearing a seat belt will be useful. 12. Exactly how the Claimant s injury was sustained. 13. Driver s behaviour before and at time of accident. 14. The speed of the vehicle. 15. Any other case specific liability issue. CAUSATION 16. The cause of the Claimant s injury. 17. Any relevant pre-existing injuries/conditions, for example a pre-existing back or head injury. 18. Any other injury/condition which may have caused or contributed to the Claimant s symptoms. 19. Whether the Claimant injury has been registered as an industrial injury or a disability. MEDICAL TREATMENT 20. The exact injuries sustained by the Claimant in the Accident (physical and/or psychiatric). 21. What medical treatment the Claimant has received. 22. Whether the medical treatment has been effective. 23. Any planned future treatment. 24. The Claimant s current condition and prognosis. 2 P age
QUANTUM - 25. Evidence which supports and/or identifies past and future losses in respect of the Special Damages claim, for example, loss of earnings, medication costs, pension loss, travel expenses, medical equipment, private medical treatment, house adaptation costs, rehabilitation costs. 26. Evidence which supports a care claim (gratuitous or commercial). 27. The effect of the injury on the Claimant s lifestyle, hobbies and interests. 28. Any evidence to show that the Claimant has or has not attempted to mitigate their losses. 29. Any evidence to support a handicap on the labour market award. 30. That the Claimant has received any other financial payment as a direct result of their injury (i.e. payment from insurance company or charitable collection). NB: 52 week period to set up PI Trust starts from date of receipt. 31. Whether the Claimant receives any benefits in respect of their injury or is likely to receive benefits in the future. CONTRIBUTORY NEGLIGENCE/CLAIMANT CREDITABILITY ISSUES - 32. That the Claimant was partly to blame for their injury, for example:- Whether a seatbelt was worn. Whether the Claimant was under the influence of alcohol, drugs of other medication at the time of the accident. Whether the Claimant walked out into road without due care and attention (if pedestrian). 33. That the Claimant has pursued compensation claims several times prior to the index accident. 34. That the Claimant s alleged injuries are not supported by medical examination. 35. That the Claimant may be exaggerating their injuries. 36. That the Claimant may be acting fraudulently. 3 P age
GENERAL NOTES When preparing the chronology we also ask that you identify in the Chronology:- 37. All medical records considered. (If preparing a separate updating Chronology please only list the page numbers for the considered updating records). 38. All relevant pre-existing conditions which pre-date the first act of negligence under relevant pre-existing conditions section. To include date and page reference of medical record where the pre-existing condition was identified. If identified on more than one page include all relevant page references. 39. A summary list of all injuries sustained under injuries sustained section. 40. A summary synopsis of the background to the claim. 41. A detailed account of any and all missing medical records. This account should list the page number which the missing record was identified from and also confirm which Trust/organisation the records need to be requested from. 42. A detailed account of all records which are too illegible to read due to faint or poor copies. ADDITIONAL POINTS OF NOTE Any additional points of note which should be raised separately to DMR Collation/Instructing Solicitors outside of the prepared Chronology include: 43. Details of any record which may prejudice the Claimant s case. 44. Details of any records which particularly assists the Claimant s case. 45. Recommended specialism of a suitable expert. 46. Any particular questions which should be put to the instructed expert to assist them in the finalisation of their opinion. 47. Any further information which needs to be sought by instructing solicitors before the instruction of a medical expert. 4 P age
48. If the accident date and/or name of Defendant differs from that provided by instructing solicitors this needs to be noted here. 49. Please do a second check when reviewing records to ensure they relate to the correct patient. 50. Please provide a second proof check of the collation, pagination & indexing of the records to ensure no errors exist. 5 P age