Court Proceedings Guide
A Look at Personal Injury Legal Proceedings in England & Wales
The legal system can be very slow and complicated, but it remains your means for seeking compensation for your Complex Regional Pain Syndrome (CRPS), Fibromyalgia or other chronic pain conditions.
FT Chronic Pain Solicitors can handle the legal processes for you and are highly skilled in doing so. In capable hands, the legal system’s many hurdles can be expertly dealt with, thereby eliminating the need for stress and uncertainty for you. A well-handled case can even produce a strong out-of-court settlement.
Here, we aim to give you an idea of court processes and a compensation claim’s key stages.
1. Pre-Action Protocols
The person bringing a claim is referred to as the “claimant”, and the person against whom the case is being brought is referred to as the “defendant.” There are protocols/rules and procedures that both sides of the claim must follow prior to formal court proceedings commencing. The procedures that are most likely to be relevant to personal injury claims are the “Pre-Action Protocol for Personal Injury Claims,” and for clinical negligence compensation claims the “Pre-Action Protocol for the Resolution of Clinical Disputes” will apply. These are part of a larger body of court rules called the Civil Procedure Rules the ‘CPR’.
We are obligated to adhere to these rules and these vary depending on the value of the claim and how the claim has started ie by letter also known as a letter of claim or using the online portal.
Timetables are set by these procedures.
There are now 3 tracks which a claim will be allocated to or commence from:
The fast track, the intermediate track and the multi track.
This means that difference rules and costs apply depending on which track is applicable and the type of claim. We will advise you on this when we have details of your claim.
Generally, claims involving chronic pain are of high value and so the value and complexity will determine which track is allocated and which riles apply. Where it is started in the portal your solicitor can remove it and of course seek instructions from you regarding this action.
We are Anne Felmingham and Paul Turner. With almost four decades of combined experience dealing in personal injury claims, we set up FT Chronic Pain Solicitors to help you get the compensation you deserve.
Don't just take our word for it. Read what our clients have to say about us.
If you are unhappy with how your current solicitor handles your case, or you have any questions about beginning a new claim for your chronic pain condition, contact us for free, today. Our initial consultation is absolutely free, and we apply our wealth of knowledge and expertise to get the maximum for each client that we act for.
5. Disclosure
The disclosure stage is next. This is the process by which the claimant and the defendant exchange formal lists of documents related to the case that are, or have been, in their possession. This allows the parties to assess the strengths of the other side’s case. The most important documents for the claimant will be medical records from before and after the incident, and documentation of medical treatment related to the incident. Employment, personnel and occupational health records are also disclosed as are any DWP records, including applications for state benefits.
6. Witness Evidence & Medical Evidence
As evidence is gathered throughout the case, it must be disclosed to the other party. This will include witness statements from all persons relevant to the matter who can give evidence of fact relating to the accident, injuries, and consequential losses.
Expert evidence is provided as well, depending on what the court chooses to allow. However, we will seek to complete the evidence we have already secured for you and the experts will provide their finalised reports for the Court. Normally the defendant will seek their own evidence and so both experts will then discuss your case and try to reach agreement or where this is not possible set out areas of disagreement. This is called a joint statement.
Once the statement is completed and sent to the parties a schedule will be finalised and submitted.
This then concludes the evidence and the case will continue to Trial if settlement cannot be reached beforehand.
7. Pre-Trial Review
This stage sometimes occurs in front of a Judge if they believe any further directions may be necessary and to agree the manner in which the trial needs to be conducted, for example remotely or in person.
8. Trial
If a trial takes place, both sides will be represented by their barrister.
Their solicitor will be required to ensure the experts instructed for the claimant attend and receive the trial bundle. The claimant’s solicitor is also responsible for ensuring the trial bundle is sent to the Judge to review before the trial date.
After the court has heard all of the evidence, a decision will be made by a judge, referred to as the judgment.
We specialise in CRPS and Fibromyalgia compensation claims. Click here to read more about how we can assist you with Claims related to these conditions.
We also act for clients who have been diagnosed with the following chronic pain conditions:
If you are uncertain if we can help, give us a call. It costs you nothing to speak to us, and it could be the call that changes your life.
If we can help, we will.
2. Court Proceedings
Progressing to court proceedings is not uncommon in chronic pain cases, as these claims are contentious and tend to be hard fought.
The court process can take time due to the number of experts involved, the need for rehabilitation and for a trial date to be set accounting for all the evidence to be completed.
Whilst many cases settle through out-of-court negotiations, if the court needs to resolve the issue instead, it is likely that both sides have some strong arguments or that the three year limitation period has required that court proceedings be commenced. Navigating the court process in chronic pain cases requires a specialist chronic pain solicitor. We will help ensure that you get the best possible outcome, even when the defendant is contesting your claim.
If this does occur, the key stages you can anticipate are explained below.
3. Documents
The necessary documents are usually prepared by the claimant’s solicitor and/or barrister. The documents in question are the Claim Form, the Particulars of Claim, and the Schedule of Loss. Once these documents have been completed and lodged with the Court, along with medical evidence, the formal legal process starts. Not all of the medical evidence needs to be completed to send to the other side (called service). However, permission from the court must be sought to adduce any further evidence.
At this point, the defendant must file an Acknowledgment of Service at court within 14 days and will produce a response, known as a defence, to the claim within 28 days of being served with court papers This period can be extended by 28 days without permission of the court.
4. Case Management Conference
After the defendant’s response is received the court will set a procedural hearing in front of a Judge that legal representatives attend. In this hearing, the timetable of the case will be determined by the court. It can take several months for this hearing to be held. A formal budget of costs and disbursements is assessed and awarded at this hearing, so that the parties enter into the proceedings fully understanding the likely legal costs up to and including a trial from the outset of the case.
Contact us Today to Discuss Your Claim
Our team at FT Chronic Pain Solicitors have decades of experience in chronic pain personal injury claims.
We specialise in claims in which clients have suffered the onset of chronic pain conditions due to accidents. If you're unhappy with your current solicitor, we invite you to speak with us.
and invite you to talk to us if you are unhappy with your current solicitor.
Contact us today to speak with experts in chronic pain compensation claims.