Will I Have To Go To Court For My Accident Claim?

The answer to this question is that it is very unlikely that you will have to go to Court for your accident claim. The vast majority of cases resolve before going to Court.

Many people can be nervous or concerned that their accident claim could end up in Court and the thought of that can be very stressful for them. However, most cases do not get there because an insurance company will make an offer of compensation before it does get to Court. Most cases will settle before that point.

Will I Have To Go To Court For My Accident Claim?

However, if you a are worried about your case going to Court and you are concerned about making a claim because you might end up in Court then speak to us and we will be able to give you advice and guidance on what the chances of your accident claim of ever going to Court are and hopefully give you some comfort on that issue.

Why Would A Case Go To Court?

To give you an idea of why a case would go to Court there are two main issues that can be disputed and which lead to a case going to Court.

The first one is liability or responsibility for who is at fault in an accident. This is basically an argument as to who caused the accident. For example, if you are in a vehicle which is hit to the rear it is obvious who is at fault and who is responsible, it is the vehicle that has driven into the back of you. However, if it is an accident which has occurred on a tight country road, or on a roundabout with two vehicles both on the roundabout at the same time, saying that the other has entered their lane, then that is an example of a case which could go to Court to try and resolve who is at fault and for a Judge to make a decision. It may be that you have to give evidence as to what happened in the accident and who was in the wrong in that accident.

The second element of a claim that can be disputed is what is known as “quantum”. This is basically the value or the amount of your compensation claim. This is very often a dispute between doctors as to the seriousness of your injuries. In those circumstances you may have to give evidence to describe your injuries and the seriousness of them.

Compensation Settlement

It is very common that an insurance company will make an offer of compensation before the case goes to Court. This is because if the case does go to Court and the insurance company lose, then it may cost them more. Often, they make a settlement offer beforehand to try and keep the costs at a level that they are happy with.

Some solicitors who do not specialise in personal injury claims may tell you that you will have to go to Court for your personal injury claim but this is not right. If you are in an accident then it is very important that you speak to a solicitor who has experience and specialises in accident and injury claims.

We offer a free consultation in which you will be able to speak to us and discuss your claim and also discuss any concerns you have about making a claim.

Do You Have Concerns About Going to Court?

It is very common that one of the concerns that people might have is about having to go to Court and speaking in public and being asked questions by a barrister about the accident or about their injuries. This is naturally something that you may find stressful or be worried about. It is therefore very important that you talk to us about these concerns if you have been in an accident and have been injured, but you do not want to make a claim because you are scared of going to Court then it is important to talk to us and get some advice as to what your options are.

If you are very scared about going to Court then let us know and we will do everything that we can to make sure that your case does not end up in Court, and that we get a compensation settlement before the case goes anywhere near Court.

It is also common in accident claims for a case to be “listed for hearing” which means that a date for the hearing has been arranged. Often people think that that means that the case is definitely going to go ahead and they will have to speak in Court. Again, that is not the case very often an insurance company will make a compensation proposal at the last minute and the case will settle without anyone having to speak in Court and give evidence.

However, if it is necessary for your case to go to Court we will ensure that every detail of your case is properly investigated and looked into and that the best experts available are used to fight your case. This can be an engineer who can deal with the layout of a junction if you have been involved in a car accident, or if you have been in a work accident we can get a health and safety expert to look at the personal protective equipment that you may have used. All of these experts are crucial in ensuring that your case is as prepared as possible and to give you the best chance of succeeding in getting a good compensation settlement.

Other experts we use are medical experts who can describe and detail your injuries and also the timeline for your recovery. Again, as experts in this area of law we make sure that we engage with experts and obtain medical reports to ensure that every part of your injury claim is fully investigated and is put forward to the insurance company. This will ensure that you get the maximum compensation that you are entitled to.

If it is unavoidable that your case is going to go to Court then we will ensure that your case is as well prepared as possible. We have helped many people whose cases have gone to Court and have been fought by an insurance company and we have won. We will be able to give you good advice as to what a Court hearing entails and what it will actually be like to go through that experience so that you are fully prepared for that.

Contact Us

If you have any questions or need any advice after being in an accident, you want to discuss whether you case might go to Court, call us on 028 71 229 343 or email us on info@mcgeeokanelaw.co.uk or Make An Online Enquiry.

Belfast Office
55-59 Adelaide Street
Belfast
BT2 8FE
028 90 394 131

Derry Office
73 Clarendon Street
Derry / Londonderry
Northern Ireland
BT48 7ER
028 71 229 343

FREE ENQUIRY

Why Choose Us?

  • Friendly & Trusted Solicitors
  • FREE Initial Consultation
  • Legal Aid Available

Client Reviews:-

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"Couldn’t recommend McGee O’Kane Solicitors enough, they are very friendly & informative. You’ll get 100% honesty and your case will be dealt with efficiently no matter day or night they are easily contacted and couldn’t do enough to help. Excellent service wouldn’t go anywhere else." Friendly Solicitors Derry

August 17, 2018

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