If your case goes to trial, you will have to appear in court,  however there is a good chance that your case won't go to trial.

Until a few years ago, clinical negligence claims could take years to deal with. However, many cases are now settled more quickly, often within one to two years and at less cost. This is because of rules introduced in 1999 which cover the way clinical negligence cases are run.

More and more cases are now settled before legal proceedings are issued, call the "pre-action" stage. Under the new rules, you and the organisation you are claiming against (the defendant) are encouraged to share information about your complaint to try and settle the matter quickly.

We will need to start formal legal proceedings if:

• the defendant doesn't accept that they should pay you compensation; or
• you are close to the three-year time limit.

Once this happens, your case will run on a timetable set down by the court. But your case is still very unlikely to end in a trial, where you have to give evidence. Most cases are "settled" before the date set for a trial. This happens when either the defendant agrees to pay compensation, or we decide that you no longer have enough chance of success and you decide to withdraw your claim.

To help people reach an early settlement, the courts also want to encourage both sides to look at other ways of settling disputes, including mediation.  Mediation is where an independent person comes in to help both parties agree on how to settle the matter.

Contact your regional medical negligence solicitor

Medical negligence solicitor York

Medical negligence solicitor Lincoln