Court Proceedings are only required if a limitation period is about to expire or if the claim has not settled and the court is needed to determine the claim.
To issue court proceedings a claimant solicitor must send to court the following:
- Claim Form
- Particulars of Claim
- Medical evidence
- Schedule of Loss
- Court fee – which can be up to 5% of the compensation claimed.
Once the court has stamped the Claim Form and provided a Notice of Issue, then the court proceedings must be served (sent) to the Defendant or their Solicitors within four months of the date of issue, otherwise the claim will usually fail.
Only a very small number of personal injury or medical negligence claims proceed to trial. Most claims are settled or are withdrawn in advance of trial. A trial is only usually required when the parties need a court to determine the issues in a claim.