How long does a personal injury claim take to go to court?

 If the case is not resolved before it goes to court, personal injury cases will usually be taken to court within 12 month. It can be frightening to hear that a personal injury case is "going before the court". In reality, only 5% of personal injuries cases go to court. Most cases are settled outside of court. It is possible for your case to be in court if you are told it is.

Complex personal injury or accidents claims can often end up in court. These claims are usually for more than PS25,000 and cannot easily be settled by either party outside of court. A claim for compensation for a slip or trip, or fall, is less complicated than a claim for birth injuries, which can be more injurylawyersgroupla complex.

Why might a personal injury case go to court?

Most personal injury cases are resolved by court. A court date can take up 12 months, especially if the claim is under PS25,000

A personal injury case could be brought to court for one of several reasons. These are:

Compensation not being agreed between the parties (defendant).

Unresponsiveness of the other party

Insurers responding and needing to be heard by the courts

If there is no agreement on who is responsible for an accident or personal injuries, it might be necessary to settle the case in court before a judge. This must be done within three years from the date you became aware of injuries resulting from an accident.

In some cases, the defendant might also deny liability for any accident or injury. In such cases, it may be necessary to initiate court proceedings.

There are other types of injuries that could end up in court:

Work-related injuries can be serious

medical negligence

Traumas to the spine, back, or head

Children's injuries

fatal accident claims.

In some cases, you might be eligible for interim payments from the courts in order to pay for urgent treatment you need due to your injury. You may also be eligible for this if you have to pay for other expenses, such as repairs to your home.

Why aren't the majority of personal injury cases taken to court?

Personal injury cases can be settled without going to court. However, if the settlement cannot be reached in the initial stages of a case, the court will take the matter to court. Your solicitor will negotiate hard with the other side to avoid the case ending up in court.

Most cases will not go to court because it could be costly. Many cases can be solved without going to court.

Most accident and injury solicitors are also keen to learn all of the detail about the case before taking it on, particularly if they operate on a no win no fee basis. If you have a chance of winning, they will take your case on.

A good personal injury lawyer will:

Double-check that you were not seriously injured by the negligence of another party

This can be confirmed

It is possible to settle the case even if a court date has been set.

What to do in the event of a personal injury case going to court

The court will give details about when they will need the documentation and information to support your claim. The court will set a trial date and will provide details about when they will need all the information and documentation to support your claim.

Is it necessary to be physically present in court?

In the unlikely event that a personal injury case ends up in court, you would not be required to appear in court. Your solicitor will represent you, or they will hire a barrister. It is more likely that the claim will be complex. In this case, you may need to appear in court.