This is a common question I am asked by new clients I have provided advice to after they have confirmed they are happy for us to deal with their claims. In all honesty, it’s a difficult question to answer.
There is somewhat of a misconception amongst people that all claims go to court. This isn’t the case – in fact, most claims don’t get anywhere near court. So, never be put off from claiming because you are worried about having to stand up in court and give evidence in front of a judge and a jury.
How likely is my claim to go to Court?
In most circumstances – its not very likely! Court really is only a last resort to settle disputes between your lawyers and the other side’s insurers / solicitors. Normally, we settle our differences outside of court. Neither side wants to take your claim to court as there are inherent risks. Firstly, the losing side must pay all court costs – including the costs for the winning side’s attendance. So – neither side will take it to court unless there is a genuine belief of winning.
But don’t worry – with a good injury lawyer, there will be insurance in place to ensure you are never responsible for paying any court costs or costs from the other side – and no, you are not responsible for paying anything towards the insurance.
Some cases may get close to court – but even so, the claim is still likely to be settled by consent prior to a hearing. At some point, a compromise can be reached when both sides realise that no one is going to budge! A frank discussion can often yield better results.
Help! My solicitors have told me it’s going to court!!!???
Okay – take a breather, and try not to panic! They should have already provided you with comprehensive advice about what will happen. As mentioned earlier, it’s still likely it will settle before any court case is necessary. Furthermore, you probably don’t even need to attend.
The more common reasons your injury lawyers will issue proceedings at a court is due to the insurers and solicitors for the Defendant failing to comply with rules for personal injury claiming. The dispute is probably nothing that needs your attendance. The only time you may be required to attend is if the issue is relating to a dispute with how your accident occurred or how your injuries were sustained.
For example:
- We disclose your medical evidence to the other side, and they fail to make an offer within 21 days as per the personal injury rules – we will issue the case at a court in anticipation for the courts assistance in affirming the value of your case.
- The other side fail to provide any evidence in support of their dispute that they are responsible for your accident – we will make an application to the courts to provide a court order forcing them to disclosure the evidence we need.
So – It’s likely you WONT go to court
Yes – it’s far more likely that you will not need to attend court as part of your claim. If your claim could be a difficult one, your lawyers may advise you this from the start, and give you some warning that court proceedings may be necessary. But for most straightforward cases, court shouldn’t be a worry.
Call The Injury Lawyers 0800 634 7575 for more information on getting your claim started today.
