Case Settled

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 0800 054 6570 or read more about our personal injury services here.

Life Cycle of a Claim

There are two types of Personal Injury cases, as follows:

Portal Cases

Generally these are cases where your compensation award is likely to be less than £25,000 and the injury has occurred in England and Wales.

Non-Portal Cases

Generally, these are cases that either; i. have occurred abroad. ii. Are likely to provide you with compensation in excess of £25,000 or iii. Have left you with life-changing injuries.

Learn about the types of cases we deal with

Case taken on

After getting in touch with us, your case will be passed to a lawyer, who will discuss with you your injuries and how they have affected you and about your claim generally.

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Contact made with other party or their insurers

Your lawyer will make contact with the defendant, generally via their insurer. This is either done via an online portal or a formal letter.

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Liability accepted

If the defendant accepts liability for your accident, it means that they accept legal responsibility and accept that they need to pay you compensation, subject to your lawyer proving the extent of the injuries and financial loss your accident has caused you.

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Liability denied

The defendant does not accept that they were responsible for your injuries. We will take steps on your behalf to obtain evidence to support you and encourage them to change their position.

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Seek evidence

A range of evidence will help us build a full picture of how much compensation you should receive. We will then work hard to secure it on your behalf.

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Negotiation

Negotiations to settle your claim can take place at any time. However, we would usually recommend only trying to negotiate a settlement once the full extent of your injuries and financial losses are known.

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Case settled

Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.

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Issue court
proceedings

We may need to issue court proceedings in order to progress your case

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Case settled

Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.

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Court issues
timetable

After court proceedings have been issued, the court will put a timetable in place, with input from both your lawyers and the defendant, with a view to proceeding to a final hearing.*

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Case settled

Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.

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Complying with
timetable

Once a timetable has been agreed, your lawyers and the defendant will have to comply with it. This involves exchanging relevant documents that will be relied upon to support or oppose your case.

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Court hearing

Your case will be listed for a final hearing, often months in advance, and you should make sure that you are free to attend this in order to give evidence to support your case. The judge will decide whether or not the defendant is at fault and what compensation you are entitled to.

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Case concluded

Your case will be concluded at the final hearing. We will work hard to ensure your compensation award is the best possible amount to enable you to get on with your life!

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