Clinical negligence timeframes to
Clinical negligence timeframes can be difficult to predict because there are many complications and variations to consider when it comes to pursuing a personal injury claim of this nature.
Read on for some advice. For tailored information about pursuing a compensation claim, make sure to speak to our team here now.
Clinical negligence timeframes when claiming
When it comes to clinical negligence timeframes, we can give you some basic guidance and ideas but, ultimately, it is difficult to predict how long a claim may take to settle; if, indeed, it can settle. Medical negligence compensation claims are some of the most complex in terms of personal injury matters, and they often take longer than standard claims and they are typically subject to being defended. As such, it really can be very difficult for us to be able to give you something of an idea, which we appreciate is not what you may want to hear when looking for this advice, but we can explain why.
One thing we can say is that, if your claim is very straightforward, it could potentially settle within a year. However, this is theoretically subject to a number of conditions, such as the injury being relatively minor and liability being accepted without delay. If those two factors apply in your case then there is a chance that we could get a claim settled within a year but, typically, medical negligence injuries are often quite complex, and it is not uncommon for defendants to defend such cases.
If you have a significant injury that may take a long time to heal, this can prolong matters as we may need to investigate the pain, suffering and problems that you have more extensively. It may be too premature to try to settle within a year if you are still undergoing treatment or require further medical assistance. Further, if liability is denied, we really cannot tell you how long a claim could take. It is typical for such cases to be defended, but that does not mean that the opponent will not settle part-way through the claim, and they could do that at any point during the court process. It is even difficult to predict how long it can take for the court process to kick into action and go through the motions, especially with the backlogs in the civil justice system now.
Ultimately, clinical negligence timeframes are very difficult to predict, and it could be a case of having to wait years before you are able to settle your claim. Whilst we will work as quickly as we can for you, we cannot circumvent this simple fact.
What is the typical process of a medical negligence claim?
Understanding clinical negligence timeframes may be easier if you also understand what is typically required in a medical negligence claim.
Firstly, we need to launch your case, which usually involves sending a letter of claim to the opponent who is responsible for investigating and (hopefully) compensating you. They normally have a period of just under four months to investigate the claim and confirm whether they accept or deny liability. If they accept liability, or if they deny but we are confident we can continue the case, we can then instruct a specialist medical expert to see you for an appointment. They can produce a report for us which we can use to substantiate your claim and value the case.
If we are then at the stage where we can settle, it is a simple case of negotiations based on the evidence that we have, although sometimes the opponent may require their own evidence, so you may have to undergo a second appointment. If the case is being defended, it comes down to building the claim of evidence which comes down to witness statements, material evidence, and sometimes a lengthy court process to move through court stages where we will require evidence to be disclosed on either side.
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