Nobody likes the thought of going to court.

In fact, it’s the reason why so many people are reluctant to make a personal injury claim – even if they’re entitled to. After all, you’ve been through a lot already. You may be in pain and struggling to cope with day-to-day life. A court hearing is added stress you could simply do without right now.

But what if we said, the chances are, you wouldn’t have to step foot inside a courtroom?

As specialist personal injury solicitors, we hate the idea of a long legal battle just as much as you do. And when it comes to securing compensation for our clients, we explore all possible avenues and strive to achieve the best possible outcome – without having to come face-to-face with a judge.

The truth is, personal injury court cases are rare. Here we take a closer look at why that is and outline some of the very few scenarios in which court proceedings may become necessary.


Personal injury court cases – avoided at all costs

Due to their nature, most people assume that personal injury claims are fought in a court of law. And in a way, it makes sense – one side wishes to be compensated; the other side is reluctant to pay out. Surely the argument would need to be resolved in front of a judge?

In reality, only about 5% are taken to the courtroom. And this is for several reasons:

1. Vetting

Solicitors won’t simply take on every case that comes their way. Each case is ‘vetted’ to establish whether it’s worth pursuing or not. And only those which meet certain criteria – and, therefore, have a high chance of success outside of the courtroom – will be accepted and pursued.

2. It’s in everybody’s interest

Personal injury court cases are time-consuming and expensive and their outcome is always uncertain. Therefore, solicitors and insurance companies both prefer to settle claims amicably, via a process of negotiation. Going to court is a last resort, and both parties will avoid it at all costs.

3. No win, no fee

Most personal injury claims – including those overseen by Injury Lawyers Direct – are made on a ‘no win no fee’ basis. This means that, as the claimant, you won’t incur any legal bills if you lose.

Fortunately, insurance companies are fully aware of this. Their legal fees aren’t covered in the event of a loss and, by going to court, they have much more to lose. As such, they’re less likely to ‘take their chances’ and deny liability – especially if there’s a strong chance the judge will disagree.


Woman making personal injury claim

Exceptions to the rule

Of course, there are some situations in which personal injury court proceedings will be necessary. For example, medical negligence claims and claims for life-changing or fatal injuries may need to be brought in front of a judge. This is sheerly due to the complexity and seriousness of the case.

Your solicitor may also need to apply to the court if:

  • the defendant is slow to respond or unresponsive
  • the defendant has denied responsibility for your accident
  • you’d like to request an interim payment for urgent treatment and living costs

But it’s important to note, even in these scenarios, your solicitor will continue negotiations right up until the trial date. Most parties, including the court, would still prefer to avoid a formal court hearing. And the case can, in theory, be settled out of court up until the very last minute.


Get in touch with our personal injury solicitors

If you’ve been involved in an accident that wasn’t your fault, why not take the first step and contact our experts? There’s no need to worry about going to court. Nine times out of ten, court proceedings are not required for this type of claim – and you shouldn’t let it put you off seeking financial justice for your injuries.

For more information on personal injury law, or to discuss your case with our personal injury solicitors, either give us a call on 0800 110 5888 or fill out our online contact form. We’re always happy to help. And once we know a bit more about the circumstances of your accident, we can advise on both your eligibility and your chances of winning compensation outside of the courtroom.

Author Paramount Digital

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