When filing a claim for personal injury or clinical negligence, one of your main concerns could be whether or not your case will go to trial. Going to trial can be an overwhelming idea, the thought of standing in front of a judge and having the defendant choose your case can be very stressful.
There are various views on going to court, those of us who are naturally litigious may be of the opinion that the best way to resolve a claim and get the compensation you are entitled to is to go to court. Others may be of the opinion that by avoiding the Court you are doing the right thing, leaving the Court reduces the cost of the claim and the risk of loss and stress is greatly reduced.
It is impossible to say in this article whether or not going to court is the right decision for you. Each case must be weighed on its own merits. But it must be said that going to court does not guarantee you a larger sum of compensation should you win your case, and settling out of court does not mean that you have settled for less.
Very few cases go to court
If you are the claimant (the person making the claim), then it is your responsibility to prove your case. This could mean going to court to testify. All cases have the possibility of ending up in Court and you should consider this right at the beginning of your claim, which could later be found on the witness stand in front of the judge answering questions from the Defendant.
However, with that said, very few cases go to court, approximately 80% to 95% of claims are resolved out of court. This means that you are much more likely to negotiate with the Defendant and reach an agreed sum than to go to Court and fight in front of a judge. I have been working full time in the legal field since 2010, I have worked on over a hundred personal injury and clinical malpractice cases, and fewer than five of these cases have gone to trial.
You still need to prepare for court
Despite the likelihood that your case will not reach a final court hearing, you should always keep in mind that it could and should prepare your case accordingly.
This means always working to a high standard and following the Prior Action Protocols, which are effectively the Court’s rules on how a lawsuit should be filed. Keep in mind that every letter you write, every email you send, every phone conversation you have with the defendant may end in front of a judge and moderate your words accordingly. If you are using an attorney to file your claim then you may be a little less secretive as anything that is said between you and your attorney is subject to attorney-client privilege and will only be brought before a judge in extremely rare circumstances.
What happens if you go to court?
Most people find the prospect of attending court distressing and it is commonly accepted that it is an anxious experience. But giving evidence is not as disturbing as it may seem when portrayed on television, in books, or in newspapers. If your case goes to court and you are asked to testify, then you will have your witness statement to aid your memory. He will be questioned by the defendant’s attorney, but it is highly unlikely that these questions will surprise him, as they will have raised their points in earlier correspondence. It is also worth noting that the judge will be aware that while he could make a living from this, you do not and you will be nervous.
As stated above, most personal injury claims are resolved before reaching court. Many Defendants do not want the additional expenses and adverse publicity associated with a court case. It may be necessary to Issue Procedures in Court (submit a claim form and file your claim with the Court), but this does not mean that you will attend Court, your claim is more likely to be resolved even after Procedures are Issued.
conclusion
In conclusion, while you should always keep in mind during your claim that you may have to go to court, it is unlikely to happen. It is much more likely that after obtaining your medical evidence and presenting your witness statements, you and the Defendant will negotiate a settlement.