To succeed in a tort claim, you typically need to prove:

- Duty of Care: The defendant owed you a legal duty (e.g., a driver’s duty to other road users).
- Breach of Duty: The defendant failed to meet the standard of care expected (e.g., driving recklessly).
- Causation: The breach directly caused your harm or loss.
- Damage: You suffered actual harm, such as physical injury, financial loss, or emotional distress.

Our specialists evaluate these elements, gathering evidence like medical reports, witness statements, or photographs to build a strong case. Defences, such as contributory negligence (where you partly caused the harm) or consent, may apply, and we address these to maximise your claim’s success.

Contestor Legal guides you through the steps to pursue a tort claim:

Case Assessment:
- We review the details of your case, including evidence of harm, correspondence, or incident reports, to confirm the validity of your claim.
- We advise on the likelihood of success, potential compensation, and the best course of action.

Pre-Action Protocol:
- We follow the Civil Procedure Rules’ Pre-Action Protocol, sending a Letter of Claim to the defendant outlining your case and seeking a response within a set timeframe (usually 21–90 days, depending on the case).
- We negotiate with the defendant or their insurer to settle the claim without court action where possible.

Gathering Evidence:
- We collect critical evidence, such as medical records, expert reports (e.g., from doctors or engineers), or proof of financial loss, to support your claim.
- We may obtain witness statements or site inspections to strengthen your case.

Court Proceedings:
- If settlement negotiations fail, we file a claim in the County Court or High Court, depending on the claim’s value (e.g., under £100,000 for County Court, higher for High Court).
- We prepare court documents, such as Particulars of Claim, and represent you at hearings, presenting evidence and legal arguments.

Settlement or Trial:
- Most tort claims settle before trial, and we negotiate to secure fair compensation or remedies.
- If the case proceeds to trial, our team provide skilled advocacy to achieve the best outcome.

Appeals or Enforcement:
- If the court’s decision is unfair, we can advise on appealing to a higher court.
- If you win but the defendant fails to pay, we pursue enforcement actions, such as bailiffs or charging orders.