Going to court is something few people relish. Indeed, fear of having to sit in a courtroom is one of the main reasons people entitled to personal injury compensation don’t make a claim. However, there is need to fear going to court, because if you are injured following an accident and it wasn’t your fault, it is highly unlikely any claim for personal injury compensation will result in you needing to make a court appearance. The vast majority of cases are settled out of court, and in many instances, if you make a claim through Accident Advice Helpline, your claim can be dealt with over the phone.
Personal injury compensation
By law, all claims for personal injury compensation must be thoroughly investigated before any court proceedings take place, and the courts expect both parties to come to a settlement without having to come before a judge. In any personal injury compensation case, two things have to be decided: blame and damages. Blame means who is responsible for the accident, while damages is the amount of compensation that the injuries, resulting from the accident, total. In most cases, both are amicably agreed upon without having to set foot in a courtroom. After all, legal bills can be expensive and it is often better for insurance companies to settle out of court than have the high costs associated with a court case.
The only time that personal injury compensation cases end up before a judge is if parties cannot agree on the blame and/or the damages. In other words, if the insurers representing the person you are claiming compensation from don’t believe their client is to blame, the case may have to go to court for a judgment to be made. In addition, if the amount offered for damages is insufficient, it may be necessary to go to court to get a judge to decide how much damages should be paid. However, both of these instances are rare. Blame is often easy to identify and there are guidelines set by the courts as to how much damages should be awarded for certain injuries, so it is rare for any personal injury compensation case to end up before a judge.
At Accident Advice Helpline, we always let our clients know if there is a possibility a case will end up in court. However, in over thirteen years of assisting people with personal injury claims, the number of times cases have gone before the courts is tiny. Call us free on 0800 689 0500 or 0333 500 0993 from a mobile phone to speak to a friendly, professional adviser for free, no obligation advice about making a claim.
Date Published: August 30, 2013
Author: David Brown