Q1. How do I make an application for a general accident claim?
You will need to make an application to representation higher. Depending on the estimated value of the case you will need to select which court tier you are seeking a certificate for.
For guidance on how to submit an application request in LAMS, refer to Section 16.0 of the LAMS Supplier Manual and ‘Submitting an application’ in the Instructional Videos.
Q2. What information do LSANI require?
Please provide the following:
- Date of incident.
- Details of the nature and size / depth of the hazard (including photographs where available).
- Description of the weather / lighting conditions.
- Details of any other accidents known to have been caused in the same way or any other person injured whether legal aided if known.
- Whether the hazard has been removed or repaired since the accident.
- A full statement from the applicant describing the events which give rise to the claim.
- Detailed statement from solicitor identifying any legal issues, including any likely problems or inconsistencies in the applicant’s case and any issues of contributory negligence.
- Details of the proposed defendant(s) and if he/she is insured in respect of the claim.
- Response of other party, confirmation if liability has been accepted and details of any settlement offers.
- Summary of client’s medical treatment – including explanation of any delay in seeking treatment or any inconsistencies in medical notes.
- Details of any ongoing medical treatment e.g. physiotherapy.
Q3. What documentation should I provide with my application?
We will require:
- Photographs or diagrams of the hazard/maps.
- Relevant interparty correspondence.
- Medical evidence to include notes of first attendance and any relevant GP notes.
- Medical reports.
- Witness statement(s) if applicable.
- Engineer’s report (if available).
- Copy proceedings (if same have issued).
For guidance on how to upload a document in LAMS, refer to ‘Uploading a document’ in the Instructional Videos.
Q4. What type of certificate will I receive?
Generally, the Agency will limit the certificate to certain steps in proceedings so as to minimise the exposure of the fund in the early stages of the case. Often certificates will be initially be limited to issue and service of pleadings, discovery and inspection or limited to issue and service of pleadings, discovery, inspection and obtaining an engineer’s report. When a limitation has been exhausted you should follow the amendment request process to seek either a further limitation or a full certificate.
For guidance on how to submit an amendment request in LAMS, refer to Section 19.0 of the LAMS Supplier Manual.