How Long Will It Take?
Medical Negligence can be a complex area of law and bringing a claim is sometimes a time consuming process. However, at all times we remain focused on seeking to conclude your claim in as short a time as is reasonably practicable, whilst continuing to provide an outstanding quality of service and ensuring your claim has the best possible chances of success.
Each case is specific to its own facts, so it is impossible to give an exact time for how long a claim may take to conclude, but in general, medical negligence cases take between 6 and 36 months to be finalised, from the first assessment of the claim through to a conclusion.
On average, the majority of medical negligence claims are resolved by way of a negotiated settlement within approximately 12 to 18 months. If proceedings become necessary, dependent upon the extent of the issues in dispute, a further 12 to 18 months may need to be added to the timescale. This may sound like a long time, but it is an honest and accurate estimate based on our substantial experience in this area of law. We do not make unrealistic assessments of timescales only for a client to be left disappointed if their claim has no chance of being concluded within the predicted period.
It is possible to settle cases sooner than 6 months if the facts are straightforward and the injuries not severe, but these cases are the exception to the general rule because of the procedures to be worked through in all medical negligence cases. For further information regarding those procedures please see our Medical Negligence Claims Process page, but by way of example, following the Letter of Claim being sent to the proposed Defendant, they will take at least 3 months to investigate the allegations and then provide a response. This will impact on the timescale for conclusion of the claim, let alone any other aspects of the case to be investigated.
Equally, in rare cases where the evidence is complex, the timescale to conclude the case may be greater than 36 months, particularly if litigation becomes necessary.
Some of the factors that may determine how long a case takes to conclude include:
Whether the Defendant accepts the treatment was negligent. If this remains in dispute, it will add a considerable period to the timescale whilst this part of the case remains under investigation;
If there remains a significant dispute about the extent of the injuries suffered by the Claimant and whether those injuries were caused by the negligence of the Defendant or other factors;
Where a Claimant’s injuries are ongoing and it is difficult for an expert to predict with any certainty how those injuries may impact on the Claimant in the future, it may be necessary to delay finalising the claim until a definitive view can be given;
The quantum (monetary value or amount) of the claim is significantly disputed. For example, if the Claimant alleges the claim is worth substantially more than the Defendant has offered, it may not be possible to reach agreement through negotiations and further investigations of those losses may be required;
The availability of experts. Sometimes medical experts take a considerable period of time to settle their reports.
At the beginning of the claim we will provide you with an estimate of how long it may take to conclude your case based on the individual circumstances of your claim. We will then keep you regularly updated on this point as the case progresses.
Contact:
Mary ButtDD 01279 638834 Email
Julie CarolanDD 01279 638834 Email
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