Will I Have To Go To Court When Making A Personal Injury Claim

It’s a question we get asked often: will I have to go to court when making a personal injury claim? And the answer is nearly always no. Only around 2–3% of cases end up going to court; the majority are settled without a hearing. In this post, we aim to put your mind at ease by discussing how personal injury claims are usually settled and what to expect in the unlikely event that your case does end up in court.

How Are Personal Injury Claims Usually Settled?

In the majority of cases, personal injury claims will be settled without ever stepping foot inside a courtroom. A settlement is usually reached through negotiation between both parties’ solicitors.

If an agreement cannot be made (which is common), court proceedings will be issued but it’s important to note that even once these have begun it’s still rare for cases to actually make it to court. It’s easier and quicker to settle out of court, so it’s in both parties’ interests to continue to negotiate and try to agree to a settlement. The court will often suggest that a joint settlement meeting takes place before a court date is set to give both parties another opportunity to settle outside of the courtroom.

When Might I Need To Go To Court When Making A Personal Injury Claim?

There are certain circumstances were going to court may be unavoidable. These include:

• when liability is denied
• when both parties cannot agree on the value of the claim
• when the case is too complex
• when the claim is statute barred under the Limitation Act 1980
• when the claim is on behalf of a child or protected party

In cases such as these, it may be necessary to seek resolution by going through the court. Your legal team will support you through this process and advise you on the best course of action.

What Happens If I Do Have To Go To Court?

If the circumstances of your case make it impossible to avoid court, your legal team will ensure you understand what the process will involve and what will be expected of you. Every court case is different, but here we’ve answered some common questions:

• Will I Have To Attend In Person?
  In the majority of cases, yes, you will be expected to attend your hearing and to give evidence. Although this can feel very daunting, please don’t worry. Your solicitor will make sure you’re fully prepared. If your case is relatively straightforward or can be decided on written evidence only, your solicitor may be able to present your case without you taking the stand.
  
  
• Will There Be A Jury?
  No. Personal injury claims take place in a civil courtroom instead.
  
  
• What Happens During The Hearing?
  Your barrister and the defendant’s barrister will present their cases to the judge who will then hear evidence from any witnesses and experts before making a decision.
  
  
• What Happens After?
  This depends on which party won the case. If you win, you’ll usually be awarded compensation. If you didn’t, you may be able to appeal but your solicitor can advise you further.

Making A Personal Injury Claim

Filing a personal injury claim and the prospect of going to court can feel extremely daunting and overwhelming, especially if you’re still recovering from your injury. But we’re here to reassure you – the majority of personal injury cases never see the inside of a courtroom. And if they do, knowing you have a great legal team by your side makes things a little easier.

Here at NJS Law, our personal injury claims specialists are sympathetic and understanding and can help you get the outcome you deserve.

If you have suffered injuries because of an accident that wasn’t your fault and would like to discuss this in more detail, please get in touch to arrange a free no-obligation consultation.

Contact us today using the form below to discuss your claim.