Non-Response

If the letter of claim has not been acknowledged within 21 days, your lawyer is entitled to issue court proceedings against the defendant on your behalf as the defendant will be in breach of the pre-action protocol for personal injury claims.

Your lawyer will advise you whether there has been a response during this period, and whether court proceedings should be issued. Although you are entitled to issue proceedings, this doesn't mean that you should; your lawyer may feel it is appropriate to grant an extension of the period of time in which they respond to the letter of claim, rather than issuing proceedings immediately. There may also be mitigating circumstances as to why the defendant has not responded in this time period.

See the “Issue court proceedings” box and subsequent boxes on the flowchart for more information about the court process.

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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