Court proceedings may be necessary if you have a Personal Injury claim and negotiations between you and the other party’s insurer are unsuccessful. If a settlement agreement between the two parties cannot be reached, your Personal Injury solicitor may advise you to issue court proceedings.
It’s entirely normal for the words ‘court proceedings’ to lead to you worry about standing in front of a jury and being intimidated by a barrister – similar to the ones seen on TV programmes such as Judge Rinder and Judge Judy. In reality, Personal Injury cases are much different from what can be seen on television. What’s more, about 95% of Personal Injury claims settle without going anywhere near a Courtroom.
What are Personal Injury claim court proceedings?
Court proceedings are the penultimate step in reaching a conclusion to your claim, should no agreement come from the initial negotiation period. Court proceedings mean that you will be taking the defendant to the court and so decisions about compensation will be taken out of both yours and the defendant’s hands. Instead, you will have a judge decide on a verdict and the amount of compensation you are entitled to.
The defendant and their insurers will often want to avoid paying you anything for your claim, so they will likely try to deny liability or put you to proof, to prove your losses. In this case, to obtain justice and compensation through your Personal Injury claim, you will have no option but to issue court proceedings.
What happens after court proceedings are issued in a Personal Injury claim?
Once court proceedings are issued, negotiations with the other party can resume up until the day of the court hearing. The period between issuing proceedings to the hearing date is usually around a year and in that space of time, a settlement is usually agreed between each party.
Of those claims in which court proceedings are issued, only a very small number will reach a trial. Often, just issuing the court proceedings can spark the defendant into action and in these cases, a claim is usually agreed not long after.
If your Personal Injury case makes it to court hearing
If your case isn’t one of the vast majority that is resolved by settlement before the date fixed for your hearing, you will be required to attend court and provide evidence of your injuries.
In the courtroom, the solicitor or barrister representing you will present the claim to the judge on your behalf. You may have to be questioned by your legal representative, as well as the other party’s legal representative. Once all the evidence has been presented to the judge, he will make a judgement. The court then normally orders that any compensation must be paid within 14 to 21 days of the hearing.
Your local Personal Injury solicitors in Leicester
At Bray & Bray our approach to personal injury claims is simple – we give friendly and professional legal advice without the stuffiness, and without confusing you with legal jargon. From accidents at work to road traffic accidents, we always work towards fast and fair resolutions for your personal injury claim.
Bray and Bray has three main offices in Leicestershire, contact us to discuss your case you have or feel free to pop in and see us at your local office by clicking on the links below:
Leicester call us on 0116 254 8871.
Hinckley call us on 01455 639 900.
Market Harborough call us on 01858 467 181.