Seek Evidence

It is a common requirement of a case to get evidence to support your claim, regardless of whether the defendant accepts or denies liability. Your lawyer will advise you on the type(s) of evidence required to support your claim and will help to obtain that evidence through independent experts or witness statements. After obtaining the evidence, your lawyer will examine the evidence, provide you with their advice on the next step the case should take, and forward the evidence to you for examination.

The most common forms of required evidence are:

  1. Care Evidence

    In serious cases, your lawyer or your medical expert may recommend that a care expert visits you at home to observe your living conditions and what assistance you require as a result of your accident. After visiting you, the care expert will prepare a report outlining what assistance you may require, which could be anything from a care worker to specially formed utensils, depending on the severity of your injuries and the nature of their impact upon your life. The care report will then form part of your case, as provision will need to be made to pay for the recommendations it makes to ensure your pre-accident standard of living is maintained.

  2. Coroner's Reports

    Coroner's reports are usually required in mesothelioma or other cases where the accident has caused the fatality of the claimant, and the claim is being pursued on behalf of their estate (for example, in mesothelioma cases, clients do not always survive for the duration of the claim, due to the life expectancy of a mesothelioma sufferer). A coroner’s report will identify the cause of death; in mesothelioma cases, they can identify the presence of asbestos fibres in the body and lend great strength to the case.

  3. Engineer's Reports

    Engineer's reports are required in certain types of accident at work cases, or in mesothelioma and asbestos-related disease claims. They are usually required in accident at work claims when the claim revolves around a particular piece of equipment malfunctioning and causing the injury, or a particular type of process in an industrialised setting that has in some way ‘gone wrong’ and caused the accident.

    The defendant’s insurer may put you to strict proof as to the mechanism of the accident and therefore an engineer’s report can support your account of the accident.

    In mesothelioma and asbestos-related disease cases, an engineer’s report may be required as these cases regularly revolve around a demonstration that the workplace or area in which you were exposed to the asbestos fibres which trigger the disease, was not operating within the correct safety parameters and left you vulnerable to exposure.

  4. HSE Reports

    Reports and data from the Health and Safety Executive are used in a variety of personal injury claims. The HSE acts to reduce work-related injury and death across the UK and so will investigate anything where either the working environment, or a piece of equipment exposed to the public, is malfunctioning.

    The HSE’s reports are carried out independently of your lawyer, as they are an independent watchdog. However, the findings from an HSE report can be a contributing factor on a liability decision made by the defendant’s side. For example, if an HSE report finds that the defendant has been negligent, then they are in a poor position to deny liability and this lends strength to your case.

  5. Medical Evidence

    In order to get medical evidence, you will have to be examined by an independent medical expert, who will prepare a report on your injuries. The report will outline the injuries, their likely cause, and provide a prognosis for recovery, as well as any further action they propose you take.

    The decision to appoint a specific medical expert will be agreed by your lawyer and the defendant’s side. Your lawyer will provide a list of suitable experts to the defendant’s side, and nominate their preferred expert from the list. Unless the defendant’s side objects to the nomination, it is this expert that will examine you. Your lawyer will help you get in touch with the medical expert, however it is up to you and the expert to agree on a convenient appointment.

  6. Occupational Health Reports

    Occupational health reports are usually required in accident at work cases, and help to demonstrate that the working practices your employer had in place were not appropriate to prevent injuries. In this sense, they serve a similar role to that of an engineer’s report, however, have more scope to be used across the entire employment spectrum.

  7. Witness Statements

    Witness statements can strengthen your case, as they can support your version of events and demonstrate the effects the injury has had on your life.

    There are generally two types of witness statements; those provided by individuals who witness your accident, and those provided by your family and friends after the accident, which highlight the effect it has had on your life.

    Your lawyer will advise you what sort of witness statements may be required and assist in getting them by conducting a telephone interview with the witnesses. It is important to make sure you get contact details from anyone who has witnessed your accident so your lawyer to collect a statement from them.

    Remember that the defendant’s side can also gather witness statements from individuals which may support the defendant. Your lawyer will advise if this has been the case, and how it may affect your case.

 

Proceed to Step 4: Check Evidence

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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