Is My Compensation Claim Likely to Go to Court?

We specialise in helping victims of injury claim compensation

Is My Compensation Claim Likely to Go to Court?

Are you reluctant to claim compensation for a personal injury because you are worried you may have to go to court? For the average person, standing before a judge and being questioned by a hostile barrister is the stuff of nightmares. But, while we can’t guarantee it won’t happen, the good news is that the chance your claim will go to court is unlikely.

Why Don’t All Claims Go to Court?

Start by knowing that your lawyer and the other side will do all they can to avoid court. Simply because it is stressful for you and expensive for them if they lose. Even if a claim is submitted to a court and a date set, your lawyer will continue to negotiate up to the last minute. It is not unusual for claims to settle virtually on the steps of the courthouse.

Your lawyer submits your claim to a court only if the other side refuses to acknowledge liability, but the evidence clearly shows they were responsible. If they do not respond to your application for compensation or engage in the correct timescales, or if you can’t agree on what is a fair and reasonable amount of compensation court action is the next logical step.

What Happens in Court?

A court is a lot less intimidating than it sounds. Forget anything you have seen on television or in the newspapers about huge rooms with a judge in a wig presiding over the proceedings. A civil court, where personal injury compensation claim hearings take place, is a normal room. A judge is there in regular clothing and listens to you present your version of events. They may also talk to any witnesses to the accident, and possibly speak to a medical expert if you have seen one for an independent medical assessment.

You will be supported by a barrister, as will the other party’s insurance company, and they may question some points of your claim. However by the time your case has reached court everything will have been discussed and argued between your lawyers and theirs, and there will be no nasty surprises.

The judge will listen to all the evidence and make a decision about liability and the amount of compensation, and that’s it, your claim is complete.

What Happens Next?

As part of their ruling, the judge will also specify a date by when your compensation must be paid, which is typically 14 days from the time of the hearing. You can speed your payment up by making sure your solicitor has your correct bank information so your payment can go directly into your account rather than you receiving a cheque and having to wait for it to clear.

If you do not receive your payment your lawyer can take the other party back to court (you won’t need to be present).

We are happy to answer any questions you have about the compensation claim process so get in touch with The Compensation Experts today.

    Start by speaking to our expert team now and find out how much your claim could be worth...

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    Am I eligible?

    If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.

    Exceptions to this are for instance industrial disease or if you were a child at the time of the accident. In these cases you may then have a longer period to claim.

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    How much could I claim?

    As every injury is different, the amount of compensation paid out can also differ case to case. Varying factors lead to the final figure. These include: extent of your injuries, loss of earnings, future losses and more.

    Our dedicated team of experts will give you an indication of how much you could potentially claim for.

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    How does the process work?

    We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.

    Your solicitor will gather all the evidence. They will then notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be up to date every step of the way.

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