Will I Have To Go To Court To Claim Compensation For Personal Injury?
Find out in this Question adn Answer whether you will have to go to court to claim compensation for personal injury.
Personal Injury Go to Court Question
I was recently injured in an accident that was not my fault. If I decide to make a claim for compensation for my injuries will I have to go to court?
Personal Injury Solicitor Response
Your question refers to whether you will actually have to attend at court in person to give evidence to support your claim.
This is extremely unlikely for the following reasons:
Most Personal Injury Claims Settle Before Court Proceedings Are Started
Usually most type of claims will settle prior to the need to involve the court.
When the facts are clearly in your favour – the person-at-fault (or their insurer) will typically accept liability and make an offer to settle your claim.
If you accept the offer – your claim will settle pre-action.
Starting Court Proceedings Does Not Mean You Will Have To Go To Court
If the facts are not so clear, liability (legal fault) is denied or how much your personal injury claim is worth is not agreed – it may be necessary for your solicitor to start your claim at court. This is known as issuing court proceedings.
However, this does not mean that you need attend at court to give evidence. Only that your claim commences at court.
Most Claims Settle Before A Trial Takes Place
Most claims that are issued at court (commenced at court) will either settle soon after issue, during the court process or at the door of the trial.
Very rarely will it ever be necessary to have a trial. However – should a trial have to take place then you would need to go to court in person (attend at the trial) to give oral witness evidence.
Summary
Most personal injury claims settle without the need to start court proceedings. Even when a solicitor has to start court proceedings, this does not mean that you will have to go to court in person. In reality, many claims settle during the court process and before any trial takes place.
If a trial is necessary, you would usually need to attend court to give evidence. However, this only happens in a relatively small number of cases. Most claimants who pursue compensation for personal injury never have to go to court for a trial.
For a more detailed explanation of the difference between starting court proceedings and actually attending a trial, read our guide: Going to Court: Issuing Court Proceedings versus Attending a Trial.
Free Initial Consultation with a Solicitor
Should you like to discuss your accident in more detail to assess your chances of success or have further questions – see our free legal assistance options.
We can even assess the likelihood of potential complications and the chance that you may need to go to court to give witness evidence.
