Will I have To Go To Court For My Personal Injury Claim?
If you are in the process of making a personal injury claim, you may be wondering whether you will have to go to court during the litigation. While you may feel nervous about this prospect, there is no need to be. It is very unlikely that you will have to go to court when you are settling a personal injury claim case.
First Personal Injury can help guide you through the legal process and answer any questions that you might have about making a personal injury claim. You shouldn’t worry about having to go to court, as our team of experts will take the legal burden away from you and onto our shoulders.
To find out whether you have a valid personal injury claim, contact First Personal Injury as soon as possible so that we can assess your case.
To assess your claim, contact us on 0800 808 9740 or through our online form.
How Many Personal Injury Cases Go To Court?
You may think that the number of people who go to court for personal injury cases is high. However, it is actually quite small. Only roughly 5% of personal injury claims actually end up in court. Personal injury cases that do end up in court will only be heard by a judge, not a jury.
Only complex personal injury cases will be taken to court. Complex cases could include:
- Medical negligence.
- Road injury claims that involve very serious injuries.
- Claims that involve a fatal accident.
- Serious injury at work claims – including industrial disease cases.
- Brain damage.
- Spinal damage.
- Back damage.
- A personal injury case that involves a child who has been injured.
- Fatal accident claims.
Lots of personal injury claims are settled outside of the court room and so a fear of going to court shouldn’t stop you from making a claim. The reasons why most personal injury claims include:
- Solicitor vetting – the solicitor will assess the case prior to taking it on to ensure that the blame for the accident is completely with the other party, that the accident occurred in the last three years and that the defendant owed the victim a duty of care. A scenario in which the defendant would owe the victim a duty of care would be if the defendant was the victim’s employer.
- The solicitors on both sides of the case will want to keep the case out of court because having to go to court would increase the general costs of the case, meaning that money has to be taken away from the eventual settlement.
- Solicitors will sometimes speak to the judge alone, perhaps through a video call rather than having to actually appear in court. In this scenario, the victim or the defendant would not need to be on the call.
Therefore, you shouldn’t worry about having to go to court if you want to make a personal injury claim. The likelihood is that you won’t have to go to court to settle your claim as it will probably be settled outside of court.
There is usually a three-year time limit for making a personal injury claim although this can vary depending upon the specifics of the case. The three-year time limit begins on the date that the initial accident occurred. However, if your child was the one injured in the accident, you can make a claim on their behalf at any time until they turn eighteen. Once your child turns eighteen, they will three years to file a claim themselves for the personal injury incident.
First Personal Injury can assess your case and determine whether it was valid, while also assessing how much compensation you are likely to receive.
Making Personal Injury Claims
If you have suffered a personal injury, you could be entitled to receive compensation. First Personal injury solicitors are available to assist you and ensure that you win the compensation that you deserve.
First Personal Injury work with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation for an injury or an illness. Contact our specialist team to begin the claims process, either by phone on 0800 808 9740 or through our online form.