One of the most common questions we get asked by people enquiring about pursuing a claim for personal injury is, “Will I have to go to Court?”
How likely is it that my personal injury case will go to court?
A small number of personal injury claims do proceed to court. But this will only be the case if an agreement cannot be reached in respect of liability or if there is a dispute as to the value of the claim. Taking the case to court would allow a judge at a final hearing to decide whether a case wins or loses or indeed, how much compensation a claimant will receive.
What should I expect if my case goes to court?
If your case proceeds to a final court hearing or a civil ‘trial’ as it is usually referred to, you will be required to attend court. Going to court is a daunting prospect for anyone, but it is nothing like what you see on TV! There is a judge, no jury, along with the legal representatives of both parties. We at PHH Solicitors are here to support you through the court process.
If your personal injury claim is going to proceed to a civil trial, then you will be required to attend, and you will be represented by your solicitor or a barrister who is instructed by your solicitor to provide the advocacy in court. If a barrister is to represent you in court, it is likely they will have been introduced to you earlier in the litigation process and may have even been instructed to provide advice to you on the prospects of success of your case. So, if a barrister is instructed to conduct the advocacy at court, it will be a barrister you know. If you do need to attend court, you will be given plenty of notice in order that you may prepare and ask any questions you may have before the civil trial. You will also meet with your barrister and/or your solicitor on the morning of the trial to discuss any questions you may have and to go over your evidence again.
You will likely be asked questions about your evidence by the defendant’s legal representatives, which may require you to recall particular aspects of the circumstances of your case. This is known as ‘cross examination’. It is therefore advisable to be very familiar with your witness statement.
How long do personal injury court proceedings take?
When court proceedings are initially entered, the process can take upwards of 9 months from start to finish, depending on the complexities of the case. But at any point during that time, your case could settle without proceeding to a civil trial.
What will it cost if my case goes to court?
If your case proceeds to a civil trial for a judge to decide the outcome, it will still be handled on a ‘no win no fee’ basis. There will be no cost to you if your case is not successful at court. We carry the risk of a case not being successful when we take your case on and advise you to proceed to court, and we therefore accept that if a case is not successful, no costs will be payable to us. If your claim is successful, then we can deduct from your compensation what is known as a ‘success fee’ of no more than 25% of the compensation you are awarded.
Could my case settle before the civil trial?
Even if a court date is set, it is not a certainty that the civil trial will go ahead. Most parties would prefer to avoid the need to attend court for the case to be decided by a judge. Therefore, the parties will likely attempt to reach a settlement but if settlement cannot be agreed prior to the civil trial, then the trial will go ahead.
How do I make a personal injury claim?
If you have suffered an injury as a result of an accident, please contact a member of our Personal Injury team for a no obligation chat on 01253 778231.