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


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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