Will I have to go to court for an injury claim?
It is very unlikely but you may have to give evidence in court when making a personal injury claim. Usually settlements are agreed out of court but occasionally negotiations breakdown and a case can go to court.
In this video Dominic Moss, senior partner here at Stonehewer Moss Solicitors, explains why less than 1% of personal injury claims require the claimant to appear in court.
Do I have to go to court to make a personal injury claim?
I am often asked by clients, usually towards the end of the meeting, will I have to go to court? and the answer to that is that you perhaps, have to be prepared to. The likelihood is that 99% of cases do not go to court and probably higher than that. The reason for that is that if the case is a case that isn’t likely to be successful then it is probable not going to end up at court. If it is a case that is clearly successful, then they are probably going to admit liability anyway. So that rules out most cases.
Then you’re talking about how much is my claim worth and at Stonehewer Moss solicitors we are really very good at negotiating on your behalf to get the best possible outcome. It is only if those negotiations breakdown or we think your case should win and the other side don’t think it is going to win that it actually ends up at court. Even then, once we have issues court proceedings, the majority of cases, once court proceedings have been issued, they still either settle, mostly settle after court proceeding have been issued, long before anybody has to give any evidence in court. In all the years that I have been doing this I would say that it is much less than 1% of claims that end up with somebody having to give evidence in court.
So, if you are making a claim then it is probably not something that should be the thing that is worrying you because it is not that likely to happen. But you do have to be prepared because if you are one out of the 100 perhaps you might have to, but as I say not really something to have to worry about at the beginning.
If you want any further advice about making a claim or whether it is going to go to court or not then give us a call or you can visit our website or take a look at our YouTube channel.