If you have suffered a personal injury, going to court to fight your claim can feel like a daunting and stressful prospect. Particularly if English is not your first language. Many people may be put off altogether from pursuing their claim due to the potential of it ending up in a court case. But do not worry as most personal injury cases will not end up in court proceedings or ligation as it is known. So how many many personal injury claims do go to court and what is the process when then do? Read on to find out.
How many personal injury claims go to court?
A court case can be a lengthy and costly process for both parties involved and so as personal injury experts we do everything in our power to ensure the case is settled out of court. If you have been affected by a personal injury and are considering making a claim but are concerned about whether you will end up having to go to cour,t remember the chances are very slim. Most parties will settle before this time with approximately only 5% of personal injury cases going to court in the UK.
Although a court case is very unlikely there are several personal injury cases that can increase the likelihood of your case going to court. This includes:
- Complex cases such as a serious injury, medical negligence or fatal accident claims have a higher chance of going to court.
- If the defendant denies liability and refuses to accept they were to blame for your personal injury
- If the defendant is unresponsive to your personal injury claim
In times when a court case is unavoidable then having strong legal representation is a must.
What is the process for a personal injury court case?
If your claim goes to court it may seem daunting, however with the right legal representation to guide you, a court as is not as an intimidating process as it first might seem.
Here at Remus Robu Solicitors our team of lawyers are fluent in both Romanian and English and will help you navigate the UK court system, keeping you informed throughout the process. Having a Romanian lawyer that you can effectively communicate with, and that speaks your language is key to understanding your case and ensuring a successful outcome.
If a settlement cannot be reached, then your lawyer can start court proceedings by filing a claim form at the relevant court. The claim form outlines details of the claim, including the injuries suffered and the losses incurred.
The defendant then has a specified time frame, usually around 28 days, to respond to the claim by filing a defense, admitting or denying the allegations made by the claimant. They may also file a counterclaim.
Both parties then exchange evidence they intend to rely on in court, including documents and witness statements, to build their respective cases. Before the final hearing, parties may engage in settlement negotiations or attend mediation sessions to try to resolve the claim without going to trial. This process will be taken care of by your lawyer to ensure that all deadlines are met and you have all evidence you need for a successful case.
If the case doesn’t settle, it will then proceed to trial. Unlike a criminal trial there is no jury involved. The judge will hear evidence from both sides, including witness testimonies and expert opinions, and will make a decision based on the facts presented.
Following the trial the judge will determine whether the defendant is liable for the injuries and losses suffered by the claimant. If the defendant is found liable, the court decides the compensation amount. The court may also decide on legal costs, determining which party will be responsible for paying the legal fees and other expenses.
Will I have to attend the court case in person?
The type of personal injury claim and amount of compensation you are seeking will determine whether you are required to be present for your case.
If the estimated value of your claim is between £1000 – £25,000 then your solicitor will be able to represent you without you being present in what is known as a fast track claim. However if the estimated amount is over £25,000 then you may have to attend proceedings to answer questions from the judge. If you do have to attend your court hearing your solicitor will be there to represent you and speak on your behalf, along with translating for you if English is not your first language.
How long do personal injury court proceedings take?
The answer to this question varies greatly as it depends on the complexity of your case and whether you and the other party decide to settle before the trial. In terms of a court date in the UK there is no set time limit for a civil case to be heard. But on average it takes around 6 to 12 months for a date to be set. This can be extended if the defendant does not accept liability or if there is a backlog in court.
Therefore starting the claim process as early as possible is the first step in ensuring that your claim is decided quickly and this starts by hiring a skilled personal injury lawyer to submit your claim.
What happens if I lose my claim in court?
If you lose your claim then you will usually be liable to pay all legal fees from both sides. We understand the financial burden that this can cause and therefore ensuring that a case does not go to court unless absolutely necessary is essential to safeguarding you from a costly court decision.
How long will it take to receive compensation?
Following your successful case, a judge will order a date for you to be paid your compensation which is usually 14 days after the hearing date. If you do not receive your payment by this date then you can take the defendant back to court to ensure that they pay. This will be organised by your lawyer representing you.
How do I make a personal injury claim?
The first step in making a personal injury claim is speaking to an expert. Here at Remus Robu Solicitors we are specialists in personal injury claims, ensuring that the clients we represent get the compensation they rightfully deserve.
Our team of Romanian lawyers have decades of experience winning cases for clients both in the UK and in Romania. So if you have suffered a injury that wasn’t your fault get in touch with us here or email us on office@remusrobusolicitors.co.uk