Check Evidence

Your lawyer will receive any supporting evidence reports on behalf of your case. They will check any reports we have requested to support your claim for accuracy (there are rare occasions when an expert will make a factual mistake, usually a typographical error) and to assess the evidence's benefit to the case. They will then send the evidence to you to check, and will give their professional opinion of what the next step should be on your case.

Broadly speaking, your lawyer will advise one of three things:

  1. Accept The Evidence, Disclosure, Settlement

    If your lawyer believes that the supporting evidence on your case is accurate, it is likely that they will advise you to disclose the evidence to the defendant’s side. When disclosing evidence, your lawyer may advise you make an offer to settle the case, either to encourage the defendant to meet your offer, or to open negotiations.

    Alternatively, your lawyer may advise you to simply disclose the evidence and invite the defendant’s side to make an offer.

    The defendant’s side will either accept your offer, make a counter offer, begin negotiating an offer or reject it. Your lawyer will advise you after the defendant’s side has responded.

  2. Accept The Evidence, Wait For Prognosis To Play Out, Settlement

    Your lawyer may advise that while the current evidence on your case is accurate, it is appropriate to wait for more time to see if the injuries heal in line with the prognosis before seeking a settlement. This is usually the case when a client’s injuries are more complex and the medical evidence suggests a lengthy recovery period. Remember that any settlement you agree to is final, and if your symptoms worsen, you are not able to revisit the claim.

  3. Reject / Seek Further Evidence

    Your lawyer may advise that the evidence they have is not enough to support your case. This may be because the evidence has thrown up new developments which should be looked at. For example, a medical report may suggest a client undergoes an additional examination or form of treatment.

    Alternatively, your lawyer may simply not feel the evidence they have received is appropriate to your case. For example, your lawyer may not feel the medical evidence fully explores your injuries. If this is the case, they may advise that further evidence is required before taking any action.

    Once your lawyer is confident they are in possession of appropriate evidence, they will advise you about disclosing it.

 

Proceed to Step 5: Negotiation


Joint Settlement Meeting Case Management Conference Directions Given Issue Court Proceedings Case Concluded Negotiation Check Evidence Seek Evidence Liability Denied Liability Accepted Letter of Claim Sent Case Taken On Court Case Settled
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Joint Settlement Meeting

In some circumstances we may need to hold a joint settlement meeting to reach a final settlement on your case.

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Case Management Conference

Once court proceedings have started, a case can have one or more case management conferences at any point before it reaches trial.  

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Directions Given

Claimants and defendants are both required to directions to the court about how the case will progress.

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Issue Court Proceedings

Usually, your lawyer will advise that it is appropriate to issue court proceedings on your case if it has reached an impasse or because your claim needs to be protected.  

 

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Case Concluded

Your case will conclude with the presiding judge making a decision on whether your claim has been successful or not.

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Negotiation

Negotiation of your case, based on the evidence presented from both sides.

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Check Evidence

Your lawyer will check received evidence for accuracy and legitimacy.

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Seek Evidence

Gathering of evidence is essential whether or not the defendant denies responsibility or not.

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Liability Denied

Denial of liabilty means the most likely next steps include gathering supporting evidence to present to the defendant.

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Liability Accepted

If the insurer accepts liability, the case can proceed to a monetary settlement.

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Letter of Claim Sent

This stage confirms in writing the case, injuries and financial losses you have suffered.

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Case Taken On

This stage will encompass your initial discussions with JMW about your case, and assessing your suitability to claim.

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Court

At this point we prepare all evidence for your court hearing.

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Case Settled

At this point you could choose to accept the defendants offer or not.

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