In medical negligence compensation cases where a straightforward settlement is not obtainable a barrister with experience dealing with such cases will be required. Your solicitor will begin by sending a report detailing the conclusions and notes of any medical experts or other specialists who have been consulted on your case to counsel (the barrister).
It is crucial that this barrister has experience dealing with medical negligence claims because you could lose out on compensation if your barrister handles your case poorly. Fortunately, our firm has established good professional relationships with suitable barristers who would be well suited to handling your medical negligence claim.
After reviewing the paperwork for your case you and your solicitor along with any medical expert and the barrister will have a conference (the organisation of which can be tricky) either in person or via video-calling. Here, your expert will be questioned and the barrister will analyse the strengths and weaknesses of your claim and advise you accordingly on how to move forward. Having represented many victims of medical negligence in court before the barrister will be able to identify any parts of your claim which may be challenged by the other side and whether or not you have enough evidence.
In many cases the court will demand that the medical experts approached by both sides meet to compare notes on the case and reduce the issues to be ruled on if possible. With guidance from solicitors representing both sides, areas of agreement and disagreement will therefore be discovered. The medical experts will be tested on their evidence by the barrister and may need to alter their reports following the conference.
Moving forward with your claim
Having received your barrister’s opinion, your solicitor will be better placed to advise you on the likelihood of success for your claim. If you are found to have a strong claim with strong evidence, carrying your claim forward will be fairly straightforward. In some cases with weak evidence and a low value claim it will be advised that you drop your claim but in other cases with weak evidence and a strong claim you may simply be advised to push for a lower claim settlement.
If you are in a position where the strength of your claim prevents the defendants from even contesting, your settlement will depend on negotiations between the two sides solicitors but you will be in a strong position. Where the other contests, your solicitor will want to know what evidence they have prior to opening negotiations. Your solicitor will tell you about any offers and ultimately when you settle and how much for will be your decision.
Call our experts for more information about the role of a barrister in the compensation claims process
If you are considering making a medical negligence compensation claim, it is crucial that you understand the role of a barrister in the claims process. For further information about the part they play, call one of our expert medical negligence solicitors – we’d be happy to help.
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