Making a claim with Pannone

Making a compensation claim can be very daunting. At Pannone we believe in making the claims process as straightforward as possible and we'll help you all the way until you receive appropriate compensation.

The Claims Process

	Investigation and evidence gathering
YES	Is there a valid claim?	NO
Pre-action process		Client advised not to proceed
YES	Is liability admitted?	NO
Negotiate settlement		Starting court proceedings
		Disclosure of evidence
		Trial

The diagram above outlines the full course an action could take to get to trial, However, we aim to minimise the amount of time taken to achieve settlement by obtaining the strongest possible evidence in support of your claim and putting pressure on the person at fault to reach a favourable settlement as soon as possible. As a result we are able to settle without going to trial over 90% of the cases which we advise clients to pursue following an initial investigation.

If you want more detailed information on the process either scroll down this page or click on the links in the diagram above.

If you think you have a claim and want a solicitor who can help you navigate the process ring 0800 0 383 382 or email to arrange a free initial consultation with one of Pannone's clinical negligence solicitors.

Investigation and Evidence Gathering

In this initial stage of the process we will look into your case and begin to gather independent evidence which will help us establish the potential of your claim.

Within this stage of the process we will:

Request your medical records

We will request copies of your medical records from all hospitals and doctors from whom you have received relevant medical treatment. Your medical records will be sorted and reviewed by one of our in-house nurses and a Chronology listing the relevant entries in your medical records will be prepared. We will discuss the contents of your medical records with you.

Obtain independent expert evidence

Expert Evidence will be obtained to establish whether the treatment afforded to you has been negligent and what injury has been caused by the negligent treatment. It may be necessary to obtain an opinion from independent doctors in more than one speciality. We will ensure that specific questions are put to the doctors so that they cover all of the important points about your claim. See our page on 'How To Make a Successful Clinical Negligence Claim' for more information.

Pre-Action Process

At this stage we let the doctor or NHS Trust who has caused your injury know about your intention to make a claim, we also need to give them 3 months to decide if they want to fight or accept that they're at fault.

Within this stage of the process we will:

Issue a letter of claim

If our independent doctors say that the treatment afforded to you was negligent and that you have suffered injury as a result we will send a 'Letter of Claim' to the Defendant. The Letter of Claim sets out our allegations of negligence and invites the Defendant to admit liability.

Receive the defendant's response

The Defendant has 3 months to provide us with their Letter of Response stating whether they admit liability or whether they intend to defend your case. Many cases settle at this stage without the need for Court proceedings.

Starting Court Proceedings

If the Defendant denies liability the only way we can pursue your case further is to start formal court proceedings. We do this by completing a document known as a Claim Form which is lodged at Court.

Disclosure of Evidence

In this stage of the process we will build the detailed argument that we will use to try to win your claim if and when it ends up in court. We disclose our evidence on a sequential basis to the Defendant in accordance with a timetable set by the Court.

There are a number of steps to this process which include:

Service of proceedings

Within 4 months of issuing proceedings at Court, we need to send the following documents to the Defendant which formally set out the allegations of negligence, the value of your claim and medical evidence about your injuries.

Defence

The Defendant has 1 month to provide us with their Defence which formally responds to our allegations of negligence.

Disclosure

Each side must disclose all relevant documents in existence before the claim started.

Exchange of witness statements

Witness Statements will be taken from you and anybody else who has relevant evidence to support your claim. The Defendant will take witness statements from the doctors involved in your treatment. At this stage witness statements will be exchanged.

Exchange of expert evidence

The independent expert evidence which supports your claim must be sent to the Defendant and the Defendant will send their independent expert evidence to us. The independent experts from each side will then usually meet and prepare joint reports to identify areas of agreement and disagreement.

Schedule of Loss and Damage

We will serve an updated list of your financial losses and the Defendant will send a response to this.

Joint Settlement Meeting (Round Table Meeting)

It is very common for a Joint Settlement Meeting to take place when cases approach Trial, particularly those cases of high value. At a Joint Settlement Meeting lawyers for both parties meet to see whether settlement can be achieved before a trial.

Trial

If the case has not settled out of court, a Trial will take place. A Trial is a Court hearing where a judge will decide whether you should be awarded compensation and if so, how much. A Trial can last for several days and it is likely that you will be called to give evidence along with any other witnesses and the experts who have been instructed in your case.

Call 0800 0 382 382 or email now for a consultation with a Pannone Clinical Negligence Solicitor or Lawyer. We are available to take your call twenty four hours a day, seven days a week.