What happens if my personal injury claim goes to court?
Going to court to settle a claim may seem scary and daunting. Whilst most personal injury claims are resolved by pre-trial negotiations, there are some cases which need to be settled in court.
Our personal injury solicitors walk you through the process in this step-by-step guide.
Why would my personal injury claim need to go to court?
Your personal injury claim will only go through the courts if:
- Both the Claimant (the person making a claim) and Defendant (the person or party in a court case who is being sued) cannot agree on who was responsible for the accident, and/or the value of the claim is disputed between the Claimant and Defendant.
- The Defendant does not respond to your lawyer’s notification of the claim.
- The Defendant does not engage in settlement negotiations when the evidence is finalised.
- The time for pursuing a personal injury claim is set to expire, and the claim needs to be protected.
- If the court needs to approve a settlement, for instance, if the Claimant is under 18 years old, or lacks capacity.
If the above applies, your case will be referred to a court for a Judge to consider the case, timetable steps to take in the case and rule on the outcome. However, a court ruling is seen as a last resort to settle a personal injury claim. Most personal injury claims are resolved through mediation, negotiation and formal offers, even after court proceedings are issued.
What is the court process for a personal injury claim?
If your claim does go to court, our personal injury lawyers will remain at your side to help you through the process.
The normal court process for personal injury claims is:
- Our personal injury solicitors will issue your claim to the court.
- They will then send relevant case papers to the court and the Defendant.
- You and the Defendant will be asked to report to the court and send relevant evidence. Our team will help you with this, but this includes:
- Medical reports;
- Witness statements from you and relevant parties;
- The exchange of documents relevant to the case; and
- Details of any financial losses incurred because of your injury.
- If an agreement cannot be reached, the court will set a final hearing. This takes place in a civil court.
- If your case is settled during the final hearing, the Judge will decide how much compensation you should receive.
- If the Judge decides that your claim is not successful and we took on your claim on a no-win, no-fee basis with relevant after-the-event insurance, you will not have to pay our legal fees.
If a court hearing is required, your solicitor will instruct at least one specialist personal injury barrister to advise on the strategy for the hearing and present your case on the day(s). For particularly complex cases, this will be a senior barrister (often a KC, a King’s Counsel), as well as a leading junior advocate to provide additional support.
What to consider before a court hearing
If your personal injury claim goes to court, you will be supported by our team, who will explain what you need to do.
An obvious but important tip is to arrive at your hearing on time. If you fail to do so, the Judge could either adjourn your claim or dismiss it completely. This could mean that you are liable to pay costs for the Defendant’s expenses, and the claim may not go any further.
Make sure you allow plenty of time to arrive before the trial begins, and if you are running late, let your lawyer or the court know as soon as possible.
What happens on the day of a personal injury hearing?
On the day of the hearing, the trial will take place in a normal room. There will be no jury present. The Judge will not wear a wig or gown. The Defendant will be present along with their legal representative(s).
The Judge will be familiar with your case, having read through all your documentation; however, they will ask your lawyer and the Defendant’s lawyer to summarise the case.
The Judge will also ask you and the Defendant, and often the medical experts instructed in the case, questions where further clarification is required. Once they have heard all the evidence, they will give their verdict on the case, explaining their reasons, including who they have determined is liable for the accident.
If you disagree with the Judge’s ruling, you may be able to appeal it. Your lawyer will be able to advise whether an appeal is possible and the likelihood of it being successful.
Estimated court timeframes for personal injury cases
Each personal injury claim is unique, meaning that time scales can differ massively for each case. Claims involving serious injury or where blame is disputed can take much longer than others.
Contact our personal injury solicitors
Our personal injury solicitors always endeavour to settle claims outside of court; however, should a court hearing be necessary, we will support you through the process.
To discuss a claim for personal injury, call 0117 325 2929 or complete our online enquiry form.
