When pursuing a personal injury claim, one of the most common concerns that people have is whether they will need to go to court. For many, court can be quite a daunting idea. The thought of having to stand before a judge and be cross-examined by a barrister can be a very scary one.
At Stephensons, we understand your worries and aim to make the claims process as stress-free as possible. If your claim does proceed to court, understanding what to expect can help ease your concerns
Will my claim go to court?
The majority of personal injury claims are settled without the need for a court hearing. If you want to claim on behalf of a child or a protected party, a hearing will be required to approve the settlement but this is very short, informal hearing where you would not be required to give evidence.
Most cases are resolved through negotiation between both parties’ solicitors, and settling claims out of court is often faster and less stressful. However, in some situations going to court may be necessary.
This can happen when:
- Liability is denied
The other party denies responsibility for the accident and this can’t be resolved without a trial where the court will hear the evidence and decide who is at fault.
- Disagreement over compensation
The parties cannot agree on the amount of compensation that should be paid, so the case goes to court where a Judge will hear the evidence about the injuries and losses and decide what the compensation award should be.
- The case is particularly complex
Cases involving complicated legal issues or high value cases, such as those involving catastrophic injuries or long-term care needs, might sometimes need a Judge’s input.
How likely is that a court appearance will be needed?
Statistically, only around 2% of personal injury cases make it to the courtroom. Even if court proceedings are issued, many cases are settled before the hearing date.
What happens if I have to go to court?
If your claim does require a court hearing, your solicitor (and often a barrister too) will be with you every step of the way to guide and support you. Here is a brief overview of what to expect:
Preparation: You don’t need to worry about this as your solicitor will ensure the court, your barrister, your witnesses and you are prepared for the hearing. They will do this by reviewing all the evidence, preparing the witness statements and court bundles, and ensuring you are prepared for what may be asked of you at court.
Your role in the process: If you are required to give evidence at the hearing then your solicitor will guide you on how to present your case clearly and honestly. They’ll also prepare you for any questions you might be asked by the opposing side’s barrister during cross-examination to ensure you are fully prepared.
Hearing: At the hearing, your case will be presented to a judge by your barrister and the opponent’s case will be presented by their barrister. The judge will then hear evidence from all relevant witnesses (including you), and sometimes experts. This will involve both barristers asking questions of each witness or expert.
Decision: The judge will consider all the evidence and give a judgment dealing with any points of disagreement between the parties. The decision of the judge will usually be final, unless there is any points which could be appealed.
What happens after the hearing?
If you win, the opponent will be ordered to pay compensation to you. Your solicitor will help enforce the judgment if necessary. If your claim is unsuccessful your solicitor will advise you on whether you can appeal the decision.
Do I have to speak in court?
Not all court hearings require you to speak. If the case is straightforward or based largely on written evidence, your solicitor may present your case without you needing to give evidence. However, in the majority of personal injury cases, you will be required to give evidence at trial based on your witness statement, and your solicitor will ensure you are fully supported throughout.
Tips for court attendance
Be honest - always answer questions truthfully, even if they seem challenging.
Stay calm - speak slowly and clearly. If you don’t understand a question, ask for clarification.
Dress appropriately - wear formal attire to demonstrate your respect for the court.
Trust your solicitor and your barrister - they will handle the legal complexities and ensure your case is presented effectively.
While the idea of going to court can feel overwhelming, the process is designed to ensure fairness and justice. By working with our experienced personal injury solicitors, you’ll have the guidance and support needed to navigate the process confidently.
If you have been injured in an accident that was not your fault and would like to speak to a personal injury specialist about a potential claim please call our team on 0161 696 6235 or complete our online enquiry form.
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