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Formulating Your Claim

As soon as the Solicitor has obtained a medical report that you are in agreement with and has calculated any special damages to be claimed the Solicitor will then put this to your opponent/their Insurers and attempt to negotiate amicable settlement of your claim for compensation. However, if this is not possible because liability is disputed or your opponent does not agree with your Solicitor’s valuation of your claim, legal proceedings will have to be issued by your Solicitor on your behalf. This will involve your Solicitor preparing a “Particulars of Claim” to which there will be attached any medical evidence and any calculations as to special damages. You will then be required to sign the Particulars of Claim to confirm the accuracy of the same and thereafter the papers are lodged with the Court. Your opponent then has so many days in which to file a Defence. As soon as a Defence is filed the matter is normally listed for a Case Management Conference before a District Judge of the Court when Directions are made for the management of your claim. As soon as all the Directions have been complied with the matter is then listed for trial before a Judge. In the present climate only a very small percentage of cases go to trial as they are normally compromised by way of settlement prior to the trial date.

More information...

Choice of solicitor.
What information will the Solicitor need?.
Medical Evidence.
General damages.
Special Damages.
Payment of Compensation.

Asbestos Victim Support, 30 Victoria Avenue, Harrogate HG1 5PR