Clinical negligence and personal injury. What happens during a compensation case?
Every case we work on is as unique as the person it concerns, and so nothing can be set in stone. However, the timeline below is designed to give an indication of the process of a compensation claim from start to finish.
Where do we start with a negligence compensation claim or a personal injury compensation claim?
We meet with you and take time to discuss your situation and pas events, as well as your aims for the future.
We analyse the documentary evidence in the case, such as your medical records and any incident reports etc.
We might obtain a report regarding legal liability from an independent expert.
We send a Letter of Claim to the Defendant.
The Defendant replies with a Letter of Response, which sets out their position on legal liability for the claim.
How do we proceed with a negligence compensation claim or a personal injury compensation claim?
Subject to the Defendant’s response we gather more evidence. This generally includes witness statements from you, your family and friends, and independent medical evidence from an expert.
You will then usually have an appointment with an independent medical expert who will produce a comprehensive report.
We will consider the possibility of negotiating an out-of-court settlement before formally starting the case at court.
Preparing for court with a negligence compensation claim or a personal injury compensation claim?
If no settlement is reached, we will formally start the case at court by filing paperwork – known as ‘issuing the claim’.
We will involve a barrister (if not done so already) who will prepare a document called ‘Particulars of Claim’.
We will serve some of our evidence on the Defendant, including the ‘Particulars of Claim’.
The Defendant will respond by serving a formal ‘Defence’ document.
There will be an initial court hearing and a judge will set a court timetable for the case, setting out the evidence to be obtained and work done before going to trial. You wouldn’t attend this hearing.
We will work through a court timetable, which involves steps such as exchanging evidence with the Defendant, filing forms and experts discussing the case. The timetable usually takes around 12 months.
The final stage in the court timetable is the trial. You, witnesses and experts will attend the trial.
For further information on how we can help you during a personal injury or negligence compensation case
You can download the document by clicking on the red icon on the right-hand side of this page and you can also find out more about how we can help in a personal injury or medical negligence case in other areas of our website.