Medical Evidence

[Stormproof]

Just had a letter through from my solicitors saying Defendants have denied liability. Solicitors are now going obtain medical evidence and I should be receiving an appointment shortly. Anyone know what happens regarding this?

[brothermagrew]

Sister Stormproof events normally run something like this:

Evidence Gathering
If the Defendants are not prepared to admit that the accident was their insured’s fault, it will be necessary to gather evidence in support of the Claimant’s claim. This will usually involve obtaining witness statement confirming the circumstances of the accident and how the accident has affected the Claimant. It
might require a report from a suitable expert to show why he/she believes the Defendant was at fault for the accident. An opinion from a Barrister may also be
required. If a claim should proceed to a trial then they will present the Claimant’s case to the court and their input is often invaluable.

Quantifying Claim
Once the medical evidence has been obtained and full details of losses incurred calculated, the lawyer will then carry out research to ascertain the value of the
claim. This will involve looking at similar cases that have been before the Court to see what has been awarded for similar injuries, as well as looking at Court
issued guidelines. Since it is virtually impossible to find exact cases, the lawyer will use his/her experience and expertise to provide you with an informed
valuation of your claim.

Negotiations
Once all the evidence has been obtained, full details will be forwarded to the Defendant’s insurers and negotiations will be entered into with them. In the majority of claims these negotiations are successful and the claims are settled. Occasionally these negotiations are unsuccessful in that the Defendants
are unwilling to offer compensation at a level that you and your lawyer consider to be appropriate.

Part 36 Offers
It is possible for either the Claimant or a Defendant to place their opponent at risk of incurring costs and other financial penalties by making a formal offer to
settle known as a Part 36 offer. Tthe recipient will have 21 days to either accept or reject the offer. If the Defendants make a Part 36 offer and it is rejected. It is quite possible that the matter will progress to a trial (the judge will not be told of the Part 36 offer). If at the conclusion of trial a judge awards less than the Defendant’s Part 36 offer, then the Court will order the Claimant to pay the Defendant’s costs from the expiry of the offer until the date of the trial.

If a settlement is achieved the Insurers will pay your lawyer’s reasonable legal fees and expenses (cost of medical reports).

Issuing Court Proceedings
Should liability continue to be in dispute or a negotiated settlement cannot be achieved, then it will be necessary to issue Court proceedings. The Court will set
a time table as to when certain things need to be completed with the ultimate goal of listing the case of a trial before a judge. Please note that it is still possible for a case to be settled by negotiation even after proceedings have been commenced.

Further Evidence
It may be agreed between the parties or separately with the consent of the Court, for further evidence to be obtained. This could involve updating expert
reports, both medical and liability, the schedule of loss and expenses. This is the final stage in any potential claim, where the case is presented to a
Judge by a Barrister. The Judge will consider all the evidence presented to him/her by both sides and make an informed judgement as to fault and value of
the claim.

[Stormproof]

Finally received an appointment to go and see a private Orthopaedic Consultant in the centre of London just as the evening rush hour kicks in Should'nt really complain should I now things are moving, shame my knee is'nt

BTW can I claim travel expenses?