Legal Proceedings
If it is denied that the treatment received was negligent or that such negligence caused injury, or there is no agreement as to the amount of damages that should be paid , then, subject to the evidence remaining supportive, legal proceedings will probably have to be commenced. Those proceedings may be started in the High Court or County Court. The claim will be set out in a Claim Form, Particulars of Claim and Schedule of Special Damages.
Those documents are then sent to the relevant Defendant(s) in conjunction with the condition and prognosis medical evidence from the expert.
Following service of the proceedings the Defendant(s) have at least one month to file a Defence but may request additional time.
After service of the Defence a Case Management Conference will then be arranged by the Court at which a timetable is put into place for the remaining stages to be worked through prior to the final hearing. This will include the parties exchanging all the documents arising from the claim, including any medical records and documents held by the Defendant(s). Witness statements are then finalised and exchanged.
All outstanding medical evidence is served including all expert reports on negligence and whether this caused injury and also on the Claimant’s condition and prognosis. Arrangements are then made for experts to discuss the case and to prepare a joint report identifying the issues on which they agree and those issues where there is no agreement.
An updated Schedule of Special Damages is usually sent to the Defendant and in turn, they send us an updated Counter Schedule identifying the losses agreed and those disputed.
A short period is then given for further negotiations and if no settlement is agreed, the claim will be decided by a Judge at a final hearing or trial.
Working through all these stages is a time consuming exercise and may add a further twelve to eighteen months to the timescale depending on the complexities of the issues being investigated.
Contact:
Mary ButtDD 01279 638834 Email
Julie CarolanDD 01279 638834 Email
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