It is very difficult to say how long the
claim might take.
This depends to some
extent on the other sides view of your
claim. If they know they were at fault and
are prepared to admit this, then it is a
matter for your solicitor to obtain the
necessary clinical experts reports to asses
the extent of the physical or emotional
injury to you and then to negotiate a
settlement or if this is not possible, to
ask the Judge to assess the damages.
This could be done fairly quickly but it
is unlikely even in a straightforward case
it could take 6-12 months.
If a clinical negligence claim is
defended and has to go to trial, then again
the length of time which the claim may take
will depend upon the difficulty of the
claim.
A claim which is defended on the
questions of negligence and damages could
take up to three years.
The minimum length of time which a claim
might take would be about 18 months.
Why does it take this long?
There are a number of reasons.
Clinical experts are busy people. It
sometimes takes several months before they
can prepare a report and it is often
necessary to have an interview with a
Barrister and it can sometimes take time to
get all the parties together for an
appointment.
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