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What happens if your claim is litigated?

You have suffered medical negligence or a personal Injury and you filed for a personal injury compensation claim. Like everyone, you also want to get the compensation and the outcome of your claim without any legal proceedings. In the personal injury claim cases, everyone wants to settle their case as soon as possible. But there is no agreement reached on blame and compensation. And now your compensation claim will reach courts. What to do now?

Let’s have a stats and fact check first. As per records, more than 96% of cases are resolved out of court via mutual agreement. This means that each party agrees to the terms and conditions of the mutual agreement. This also means that only 4% cases go into courts and claims are litigated. The good things in that 4% of litigated claims; most cases have an outcome in 3 days to a week. The thought of appearing in court doesn’t sound pleasant to many and the fear is natural. Many people are also afraid of appearing in court even if it’s going to benefit it in future and hence many cases are settled outside.

But you never need to worry, even if your claim is litigated. Experts at Claim Line 365 will guide you in your personal injury claims outside or inside the court. We offer No Win No fee agreements to our clients.

Why claims are litigated?

There may be many reasons for the claims to be litigated. Only a very small fraction of total personal injury claims reach the court. Many possible reasons may be-

1. Your personal injury lawyer feels that preceding the case in court would be the best way to prove negligence.

2. You and your personal injury solicitor realise that the claim compensation was not enough taking into account the injury long term and short term impacts.

3. Parties are unable to reach a mutual agreement due to disagreements on the amount or deciding the blame.

The process of claim and when it reaches the court?

You submit your claim. There are predefined strict protocols to be followed for a fair trial for everyone involved. Your personal injury lawyer has to follow the “pre-action protocol”. In the beginning, your personal injury solicitor submits medical negligence claim clearing mentioning your reasons and the details of negligence experienced by you. According to the Data Protection Act 1998, you have the right to access your medical records and cross-checked for medical negligence or personal injury claim evidence.  The records have to be provided to you within 40 days as per the Act.

Letter of claim

After you submit your claim, your stats are checked and examined by a medical expert. The medical experts then give his feedback to you regarding his assessment. This assessment is vital for you and your personal injury lawyer decides whether you should proceed with the claim or not. After you decide to proceed your personal injury solicitor then send a “letter of claim” to the defendant. This “letter of claim” has clear mention of the injuries inflicted on you, the details of your illness/sickness before and after medical negligence, details of income losses and additional cost of rehabilitation.  

Defendants’ response to your letter of claim.

Now, the defendant has to acknowledge receipt of your “letter of claim” within 14 days. This acknowledgement is mandatory by law. The defendant also has to make sure that they send their response within four months of receipt of the letter. The defendant usually responds with either denying the claim or admitting the claim fully or partially. Most defendants who accept blame partially or fully also respond with an offer to settle the claim. In certain cases, the defendant doesn’t accept the responsibility of the injury but still offer a settlement. This is mainly to avoid any future legal implications or loss of reputation due to negative publicity. 

Settlement or Negotiation

Now, both the claimant and defendant have one common agenda i.e. settling issue avoiding litigation. Your personal Injury solicitor might even speak to the other party and try to work out a settlement and avoid court proceedings. Your personal injury lawyer negotiates a point of settlement where each one involved mutually agrees.  Now, if there is no mutual agreement reached, then the claim is taken into court. This happens when the defendant denies the claim and there is no agreement on a settlement. At this point, your personal injury lawyer decides how to proceed. If your solicitor is sure of your winning the case, an N1 medical negligence form is sent to the defendant with the relevant evidence. And here starts the formal legal proceedings.

In the Court: Formal Legal Proceeding

A formal legal proceeding is a result of a dispute or when there is no mutual agreement. You submit your claim and relevant evidence. Then, the defendant files their defence claim denying their full or partial responsibility for the personal injury and losses caused. The defendant challenges your claim fully or partially. Now, depending on the case complexity and the amount of claim, the case is allocated to county or high court. The court then decided the timeline for the case proceedings. Your lawyer would be then tried to prove the defendants’ negligence and citing evidence as well as any witnesses to prove the same. The evidence or witnesses furnished by your lawyer can also be cross-examined by the defence. Now, the defence furnishes their evidence and witnesses trying to prove their innocence. In a road accident claim case, it was found that the claimant himself was the reason behind the reason for the accident. His call records showed that he was on a call at the time of the accident. So, the defence was able to prove a case of distracted driving and claimant was himself blamed for the accident. The defence will try to furnish all possible evidence. The same holds vice versa. Certain circumstantial indirect evidence may decide the course of your case.

Expert witnesses may influence the outcome of your case. An expert witness can testify in support of your claim. An expert witness can be a doctor or anyone with proven expert knowledge on a subject. 

Your lawyer as well as the defence lawyer may also cross-question you. Many people fear this cross-questioning as this may also involve certain details or information that a person may not want to go in the public domain. Most people just try to avoid courts and legal proceedings. However, if your case is strong, you never need to worry about anything.  After considering all facts and proceedings, the court either announce a verdict in your favour or in favour of the defendant. If the verdict goes in your favour, you are awarded compensation.

Most medical negligence claims take from 3 days or a week to settle. In complex cases, where physical injury or damage still on-going, it may take longer than expected. Sometimes, to make cases simple, they are split into two parts. In one part, the blame is decided and in other parts, the amount of compensation is decided. In many cases, the amount of compensation is the main reason for the claim reaching court. In complex cases involving life-changing injuries, the compensation amount decision may require more than usual time.

Will you have to appear in court?

There are only 2% chances of your appearing in court in case you file a medical negligence claim. And it’s up to you to decide to go to court or not in case there is no mutual agreement reached. For a strong case, we will ensure that you get your personal injury compensation or medical negligence compensation either via mutual agreement or via court proceedings.  So, yes you may need to appear in court if you decide to go for the court proceeding and anyone feels like questioning you. Personal Injury solicitors at Claim Line 365 will help you decide whether to proceed with your claim proceedings after assessing everything. And you never need to worry about payments as we have No Win No Fee policy and we charge only if you win compensation.

Why Claim Line 365 for your claim litigation?

Medical Negligence Claim experts at Claim Line 365 have vast experience in dealing with personal injury claims. They are with you right from the beginning. We take all your headaches from filing the claim, letter of claim and help in collecting evidence. Our experts are best in negotiation and as per out records more than 98% cases has been settled via negotiations. We will also make sure you get the maximum possible compensation claim depending on your damages. Even if your claim is litigated, we will be there in court representing your case and help you win eventually depending on your particular case. And the best part is, you never need to pay in advance. We offer No Win No Fee agreements to our clients. So, you pay us only if you win and that too from the compensation amount that never exceeds 25% of the compensation amount.

Call us 0203 813 9654 today and see how we can help you.
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  • * I have read, understood and agree to the Terms Conditions and Privacy Policy
  • * Information on how we handle your data is on our Privacy Policy
    Disclaimer All our calls are recorded for training and monitoring purposes. Claim Line 365 is regulated by the Financial Conduct Authority. Registration recorded on FCA the website We charge our solicitors for the marketing and operational services we provide, and these costs are not passed on to our customers.

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