The Importance And Purpose Of Case Management Conference In Relation To A Claim For Personal Injury
A Case Management Conference (CMC) is a phase of the court proceedings for the various types of disputed claims. Example of which is a compensation claim for a personal injury sustained during an accident in the workplace, or from a road accident, or from a medical malpractice accident.
A CMC is a court hearing where the Claimant (victim of the accident) and the Defendant (alleged negligent party) are being briefed by a judge regarding the next phases for the trial of the claim. These next phases are called as “Directions”.
During the CMC, the judge will set the deadline for each phase. Both the claimant and the defendant need to adhere to the deadline; otherwise, there will be a default.
What happens if a party is in default of a court Direction?
If a party is in default, the following consequences are endured.
- Some of the crucial evidences can be excluded during the trial.
- The party’s claim or defence could be rejected
- Defaulting party can be penalized financially.
At what stage of the claim does CMC occur?
After a party has issued a claim at court and the defendant has submitted a defence, then a CMC will take place.The phrase “issued a claim” means that all pertinent documents needed to start your case has been submitted and sealed by the court.
After the court acknowledges the injury claim UK, either the Claimant or the court (as requested by the Claimant) sends the stamped documents to the Defendant .
The Defendant will have a short period to respond – either admitting liability or denying accountability of the claim.The Defence document will also be stamped by the court and sent to the Claimant. After which, the court schedules a CMC to layout the stages of the claim for the personal injury case.
Where is a CMC held?
A CMC takes place in the “Chambers” or an informal courtroom and the conference is headed by a judge. The no win no fee solicitors can attend the CMC on behalf of the claimant.
The CMC can also be conducted by means of a telephone conference.
Is a Personal Injury Solicitor needed during a CMC?
It is highly recommended that you employ a Personal Injury solicitor if you are not legally trained to avoid losing the claim due to technicalities.
If cost of hiring a PI solicitor is an issue, remember that many will have a contingency payment scheme, which means that they will not receive any payment if they lose the case. In addition, the cost for hiring a solicitor can be added to your accident claim and be charged to the defendant.