Personal injury claims rarely go to court because most claims are settled beforehand. Court proceedings can be issued however if one of the parties does not respond to a claim or if there is a dispute between the parties and a settlement cannot be reached out of court.
When faced with court proceedings, however, most defendants choose to settle early anyway. If the other party doesn’t respond to claim demands, then there’s a very good chance they will respond to being summoned to court. Your solicitor may choose to issue court proceedings to speed up your case, if it is winnable.
If your claim does go to court, don’t worry. While the prospect of court proceedings can be daunting, your solicitor will handle the process for you.
Will I have to attend court?
Most of the time, no. However, whether or not you will have to attend court really depends on the type of claim or hearing taking place.
For example, if the court hearing seeks to determine who was at fault for the accident, then you may be summoned to court to provide evidence and a statement. But by the same token, you may not be, and your solicitors for claim will do this for you. If you do need to attend court, then a barrister will be appointed to represent you in court.
If the hearing is simply to determine how much your claim is worth and the value is less than £25,000, then you will not have to attend court.
How much will going to court cost me?
Personal injury claims are processed on a no win, no fee basis, so you won’t have to pay any fees out of your own pocket. Your solicitor’s fees will be deducted from your settlement figure. Personal injury court fees depend on the value, complexity and litigation of your claim, so there’s no way to provide an estimate. What we can say is that if your case is won then all fees will be recovered from the other side.
What happens after court?
After court proceedings have taken place, the court’s judgement will stipulate what happens next. Depending on the type of hearing that has taken place, you may be awarded the compensation you deserve or liability will have been ascertained, and it will be up to the two parties to settle out of court. Whatever the case, your solicitor will guide you through the process and recommend a best course of action, if applicable. It’s important to note that it is incredibly rare for a second hearing to take place with personal injury claims, although this may be the ruling for complex cases that require further investigation.
