Your claim may be settled at a number of different points throughout the course of your case, as the defendant may contact your lawyer and make an offer to settle. However, we would expect most cases to settle after the relevant evidence has been gathered and exchanged, as this allows both parties to understand how the incident has impacted you.
If you are a litigation friend, such as the parent of a minor who is making a claim, or acting for someone who lacks mental capacity, a settlement may have to be approved by the court. Your lawyer will advise you of the steps that will need to be taken.
Once an agreement has been reached with the defendant, we’d expect them to forward us payment for the settlement amount within around four weeks. We will then be able send it to you.
At that stage, your case will be settled. Your lawyer will need to retain the file pertaining to your case for a period of eight years (unless the case involves a minor, in which case the files are retained for life).
If a case settles after court proceedings have started, your lawyer will need to formally end court proceedings via a consent order. This document is drawn up and agreed by both parties and may incorporate the settlement terms. Your lawyer will advise if you need to be involved with any element of the order. The court then deals with the order and concludes your case.
To find out more about how we can help you to make a claim, call us on 0345 872 6666 or read more about our personal injury services here.