Following an injury, either at work, in public or being involved in a road traffic accident, many people consider making a personal injury claim but are concerned about the process and attending Court.
Every claim has the possibility of ending at a final hearing (trial); however, it is believed that only 2-5% of all pursued claims proceed that far. Many settle even without the need for court proceedings to be issued, and most that are issued, settle before the final hearing.
There are protocols to be followed before proceedings can be issued in your claim. Details of the claim must initially be submitted to the Defendant’s insurers. They will review and investigate your claim, ask any questions they may have and provide a decision as to liability. There will be a set timescale for this process depending upon the nature of the incident. Should they admit liability at this stage, we would begin to obtain medical evidence to support your claim. You would be examined by an independent medical expert who will produce a report which sets out details of your injuries, prognosis for recovery along with any treatment recommended to assist recovery.
If the other side deny liability, then they will provide the reason for their denial and the evidence to support this. This will be reviewed and discussed with you and advice provided on your prospects of proceeding. If it is decided you have enough evidence to proceed then as above, medical evidence will be obtained.
All evidence is disclosed to the other side once obtained, this allows the other side to make an offer of settlement, negotiations will begin, and instructions will be taken from you to make offers of settlement to the other side. If settlement cannot be agreed at this stage, either through offers being too low, or the other side simply refuse to make any, then only at this stage would the claim be issued at Court. Having a claim issued at Court usually places more pressure on the other side to settle a claim.
Some fear that once the claim is issued with the Court, the matter will proceed to trial. This however is not the case. A claim can settle at any stage before the hearing. As we work through the process we will continue to negotiate with the other side and attempt settlement. Also by having the claim issued, the Defendant will be represented by solicitors, whereas prior to issue it is usually their insurance company, and those solicitors are likely to take a much more pragmatic approach to resolving the matter.
Unfortunately, sometimes the other side will not settle your claim, whether they continue to deny liability or they just will not make a reasonable offer. In these cases, a final hearing will be needed for a judge to make a decision on your claim. If this does happen then as the matter gets closer to the trial date, we will go through this with you and what to expect from the hearing. You will also be represented at the hearing by a Barrister and usually we will also attend the hearing with you for support.
If you have been involved in an accident and you want to discuss making a claim, please contact us on 01429 225200 and we will provide some more specific advice to your circumstances.
Call: 01429 225200