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Will my personal injury case go to court?

It is unlikely that your personal injury claim will go all the way to court. The majority of cases that we deal with generally reach settlement without the need to commence or issue court proceedings. Even in those cases where we do commence court proceedings they usually subsequently settle before the need for a final court hearing.

The scales of justice by James Cridland via Creative Commons
Photo by James Cridland via Creative Commons

If my personal injury case goes to trial, will I have to attend court?

If your case is one of the small number that doesn't settle before a final court hearing, your attendance at court generally depends on the type of claim or hearing.

If the circumstances of your accident are disputed, and the court hearing is to determine who is at fault for the accident, then it is likely that you would have to attend the hearing. This is usually to provide evidence and your statement of events to the judge.

In this scenario we would instruct a barrister to attend with you and they would represent you at court. Prior to the court hearing we would brief the barrister on all facts of the case along with all the evidence we have gathered.

If the court hearing is only to determine how much your claim is worth, and the potential value of the claim is under £25,000 it is possible that you will not have to attend court.

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Types of Personal Injury Court Hearings

  • Allocation Hearing
  • Application Hearing
  • Child Settlement Hearing
  • Detailed Assessment Hearing
  • Directions/CMC Hearing
  • Disposal Hearing
  • Small Claims Hearing
  • Fast Track Trial
  • Multi Track Trial
  • Listing Hearing
  • Possession Hearing
  • Joint Settlement Meeting

Personal Injury Court Fees

With any court action there are fees that the Court Service will charge to litigate your case. These vary based on the type, value and complexity of the litigation and are regularly revised by the court service. However if your case is won, this and most other disbursements involved in running your case will be recovered from your opponent.



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