The thought of going to court can be daunting, especially so if you’ve never set foot in one before. The good news is that personal injury claims rarely go to court. However, you may choose to do so depending on how your claim proceeds. For example if the other party refuses to accept liability despite sufficient evidence, court may be the best option for you.
What happens if my case goes to court?
If you decide to take your claim to court, your case will be passed onto a judge and the court will then set a date for a hearing. At this stage, if you do not already have a solicitor, it’s vital that you consult one as your solicitor will tell you about any preparations that you need to make. If you do have a solicitor who’s handling your case, you’ll be pleased to know that by this stage your solicitor will have prepared the details of your case for you.
Then, it’s simply a case of waiting to hear the judgement of the court.
If my case goes to court, will I have to attend the hearing?
It depends. If you are physically unable to attend the hearing, such as because of your injury, or if the only reason for a court hearing is to determine how much your claim is worth, you will not have to attend. You are unlikely to have to attend court for clear cases, however you may have to attend if the circumstances of your accident are disputed. This is simply a way for the court to determine who is at fault for the accident. This might sound daunting, but it’s usually only to provide evidence and a statement of events to the judge.
If you do go to court, your law firm will instruct a barrister to represent you.
What kinds of accident claims go to court?
All kinds of accident claims can go to court, according to. Road traffic accidents, slips trips and falls and accidents in the workplace can end up in court, although it’s only a minority that do – most are settled outside of court within 6-12 months, unless liability is contested or the claim amount is contested. In which case, court is an option, but again most cases are settled outside of court swiftly and efficiently.
What fees are there for taking a case to court?
All court action will have fees. These fees vary by case type, value and the complexity of litigation. You also have to consider your barrister’s fees. As such, we can’t offer a definitive price. What we can say is that if you are on a no win, no fee agreement, then if your case wins your barrister’s fees will come out of your compensation.