We will try to settle your claim without involving the court but in many cases early settlement is not possible. If your claim cannot be settled quickly your claim may have to be started or "issued" at court. Once the court is involved, you will be known as the ‘claimant' and the hospital or other treating person becomes the ‘defendant'.
A document setting out your case (the "Particulars of Claim") will be sent to the defendant. This gives them a further chance to admit that they were at fault. If they do not accept responsibility and decide to defend the claim, they will submit a document known as a "Defence". Shortly after submitting a defence, a court hearing will take place, which we will attend for you, at which a timetable for the rest of your claim will be set.
This is something most people want to know, particularly as they may have heard horror stories about cases being very lengthy. These days it is common for cases to be concluded much more quickly. Typically claims are now concluded within 18 months or possibly 2 years of being started at court.
Most cases settle before trial and very few cases (probably less than 1%) end up before a judge.
Nowadays a lot of cases are resolved at mediation, without the need for a trial at court. Our team are experts in mediation and can advise you further at our initial meeting.
Email our clinical negligence team.
Exeter Office: Southernhay West. Broadwalk House, Exeter, Devon EX1 1UA Tel: 01392 207020, Fax: 01392 207018, Email: enquiries@tozers.co.uk