Personal Injury Claims and the Courts

Making a personal injury claim is your legal right if you have suffered an injury as a result of another party’s negligence. However, many people are reluctant to make their claim because there are a number of things about the idea of claiming that they find intimidating. One of these is the possibility of a court hearing.

Do I Need to go to Court for my Personal Injury Claim?

The short answer is that you probably don’t. In the majority of cases, a settlement is reached before things reach a stage where the claimant has to appear in person before the courts for a hearing. Indeed, you may not even need to meet with your solicitor in person, let alone attend a court hearing, as most personal injury solicitors are perfectly able and willing to handle a case effectively using only written correspondence and the phone to communicate with you.

Nonetheless, it is not guaranteed that any given accident compensation claim will be settled without the need for a court hearing. It is therefore best to keep in mind that a court hearing is a possibility when beginning a claim, though the possibility is small in many cases. Ultimately, the question of how likely a case is to reach the courts depends heavily on the individual circumstances. When establishing the facts of the case and whether the other party was truly negligent proves especially difficult, then a court hearing is more likely to be required before an appropriate settlement can be reached.

Going to Court

If your personal injury claim does reach the stage of a court hearing, there is no need to be intimidated or nervous. A court hearing is just another way for evidence to be gathered in order to assess your case. You will be informed in advance of the date and time of your hearing, and your solicitor will be able to help you with whatever preparation is necessary. It is also important to remember that, by the time things progress as far as a court hearing, your personal injury solicitor will have already assembled the facts and evidence of your case in great detail, so you will be in a strong position to make your case for the compensation you believe you are due.

Once the hearing is done, it is just a matter of waiting to be informed of the court’s judgement. When you are informed of the decision, you will be told not just whether your claim has been successful but also the amount you have been awarded if your claim has been upheld.

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