Will I have to go to court?
Cases that cannot be settled through negotiation must “go to Court.” This is not as scary as it sounds. It simply means that your case will be decided by a judge at a trial. Most Claimants are pleased to hear that only a tiny proportion of medical negligence claims are settled in this manner.
Once your solicitor makes an application, the Court will provide a timetable for your case with all the steps leading up to trial. The Court strongly encourages the early settlement of medical negligence cases and there will be plenty of opportunities to negotiate the settlement of your claim. Even if your solicitor makes a Court application, there is a strong likelihood that your case will settle out of court.
In the very unlikely scenario that your case goes to trial, your solicitor will guide you through the process and ensure that you have the help and support you need.