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Claiming Personal Injury? – Will I have to go to Court?

A lot of people are concerned that if they start a legal action it the will mean they will end up in court.  The thought of this may cause anxiety and be a real concern.  Solicitors, barristers doctors and experts generally have no such worries about appearing in court because it is second nature to them.

However the thought of being required to go to court should not prevent you from commencing a personal injury or medical negligence claim.  The chances of you actually going to a final court hearing are statistically very slim indeed. The overwhelming majority of personal-injury claims are settled before they reach the final court stage. In practice both claimants and defendants will try to settle personal injury claims before the final court hearing simply in order to greatly reduce the costs of a full court hearing.

Obviously each side will want to a fair figure to be arrived at before settlement of a claim. Pain suffering and loss of amenity will be properly calculated by your solicitor as will other heads of claim such as loss of earnings/repair costs and the like.  Negotiations will take place and if a figure is not immediately agreed between the parties. In nearly all cases an appropriate figure will be arrived at and the claim will settle without any hearing at all.

In the unlikely event that a settlement figure is not agreed you may be advised to commence legal proceedings.  The strength of the evidence particularly independent evidence will play an important part in negotiations.  As a last resort, if negotiation does not lead to a settlement, the Judge in the court will make the final decision.  Your solicitor should explain the procedures before and at court so that you know what to expect and so you can be comfortable with the procedure.

However over all it is not likely that you will end up giving evidence and that the chance of it occurring should not prevent you, if necessary, going to court.  In the event that you do you will probably find the experience far less of a concern than you imagined.

If you have any questions or would like to discuss matters then please feel free to contact one of our specialists today.