Do All Personal Injury Claims Go To Court?

If you suffer any kind of personal injury through a motor vehicle accident, then you might be wondering how to go about obtaining compensation. It is not always clear what the implications of the accident are for you, even when you know that the injury was not your fault. You may worry about having to go to court to establish your claim. In fact, this is quite an unlikely outcome. The other party will sometimes admit liability, and you will often be able to deal with the matter through standard insurance procedures. No court attendance will be necessary, and everything can be completed by exchanging paperwork. With this in mind, you can begin your claim at

What happens if my claim is disputed?

Traffic accidents and injuries are sometimes disputed by the other party. The other party may deny liability or refuse to provide vital information. Sometimes, the other party appears to accept liability, but then he or she retreats from this position at a later date. This can happen when they realise that compensation is due. Some people change their mind after the initial event, and this can complicate the task of obtaining compensation for your injuries. This is why it is always a good idea to obtain legal advice as soon as possible. The facts can then be recorded accurately, because the incident is fresh in your mind. It is much more difficult to start such a process after some time has elapsed.

How will my claim be taken forward?

You will need to contact a solicitor first of all, but this does not necessarily mean that you will have to go to court. Your solicitor will have to take statements from witnesses, including yourself. Once this information has been gathered, your solicitor will complete the paperwork that is required for making a claim in court. At this stage, it is possible to settle your claim out of court, if the other side is willing to do so. The professional input of the solicitor will ensure that this is done fairly and recorded properly.

How is the claim taken to the court?

Your personal injury claim will usually be taken to the court by your solicitor. All of the written witness statements will form part of that process, but you will normally not be required to attend the court at this stage. Both solicitors will present their evidence, and the claim is very often settled at this point. If the facts are accepted, and the causes of the accident are clear, then it is in no-one’s interest to prolong an expensive legal debate. The two solicitors may be able to settle the matter out of court. In a few cases, however, the written evidence is not sufficient to prove an injury claim. A date is then set for a full trial, and this means that you must be prepared to attend the court and give evidence.

Does a trial date always mean going to court?

If a date is set for a trial, then your solicitor will help you to prepare for giving oral evidence and responding to questions from the other side. This does not necessarily mean that you will have to go to court. Very often, cases are settled out of court in the weeks or days before the final trial date. Most people will want to avoid paying court costs, and so there is still a strong incentive to find or force a settlement before the date of the trial.