My solicitor is waiting for the response letter from the other party from who we r suing what happens next?

Doethineb

Don't expect things to happen quickly. There are rules of Civil Procedure which have to be followed and people tend to wait until the end of the statutory deadline before sending in their response. Here is the order in which things are done.

Once a claim is being made a Letter of Claim has to be sent. There is then a period of several weeks under the rules in order to gather information and to prepare a defence and respond to the letter of claim.
If the Claimant wishes to proceed further, the next stage is to issue proceedings stating Particulars of Claim and Particulars of Negligence.
The Defence then issues a formal defence and any statements in support of that defence.
Experts from both sides will have prepared reports and at some stage the information will be exchanged, if the case continues the Court will order a meeting of Experts to try and define the areas of disagreement. Finally, only as last resort will it come to trial.

A great many of these cases go right through the process before being settled at the court door (or immediately before the trial is due to take place).

PPwallawalla

I think you just answered your own question, you likely receive some sort of response and eventually see them in the courts.

Skate

Not sure if you are a long way down the line. The solicitor would normally follow the Clinical Negligence Protocol, which requires the solicitor to send out a request for your medical records.

Your solicitor would consider them and then if necessary send out a Letter of Claim detailing your claim. All of this would be done pre-issue (i.e. no litigation in court). The Defendant (NHS) would then consider the Letter of Claim and respond - possibly admitting liability and causation or admitting liability only but not causation or denying all or asking for more time to respond. They have 3 months to repsond after a letter of claim has been sent after acknowledgement of Letter of Claim.

If your solicitor has stated that you are issuing proceedings (i.e. taking your claim to court) this would be done because either your limitation date (deadline for your claim to issued is looming - you have 3 years from the date of the incident or from date of knowledge of the negligence (e.g. discovery of disease)) and s/he wants to protect your claim or because s/he thinks you has a good case and has had no adequate responses or offers from the Defendant (NHS).

You need to speak to your solicitor to give much better advice or to even swap solicitors as you seem unsure and a good solicitor would have explained all of this.

Helen C

if it is a letter before proceedings, that letter might have contained a deadline, say seven days. But we all know the NHS and they are painfully slow... ask your solicitor to send a follow up letter if it has been over 2 weeks.

fahoouahoocahookahoo

Please deposit Â£25 into my account to answer that question - Solicitors........hate em!!!!!!!!

GEORGE B

Of course she is still waiting That's standard response The longer she can drag it out the more she can charge

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