Do Not Let The Fear Of Court Impact Your Personal Injury Claim

For many people in the UK, the inside of a courtroom prompts fear and concern about what may lie ahead. When you bear in mind the impression we are given of the stereotypical courtroom on TV, as a harsh and unwelcoming arena, this is perhaps to be understood.

There are many misconceptions and misunderstandings with regard to courtrooms in the UK which need to be addressed. As an example, the majority of TV programmes in the UK which involve a courtroom show a judge aggressively banging down with his gavel to get the attention of the room. However, did you know that no judge in England or Wales has ever used a gavel and this is a US concept?

Prepped For Court

When pursuing a personal injury claim very often court proceedings are threatened as a means of focusing the minds of all parties involved. If no action is threatened and there is an amicable arrangement whereby meetings will take place to arrange a suitable settlement, with no timescale these can drag on for years. Therefore when appointing a solicitor to pursue a personal injury claim you will be advised about a potential appearance in court and be prepped about what to expect.

It would be wrong to suggest you would “have an easy ride” but in reality, very few personal injury claims are heard in front of a jury and the stereotypical UK judge is nowhere near as aggressive as their US counterpart. There may be some awkward questions, and the defending team may stray into your personal life but more often than not they will not be allowed to pursue questioning simply to smear your character. There is no definitive figure as to how many cases actually reach the courts but in reality, it is under 10% and could be as low as 3%.

Understanding The Case

There are many reasons why a solicitor would issue court proceedings one of which is to effectively remove insurers from the frontline and bring experienced legal advice to the case. If you ask solicitors many will portray tales of frustration dealing with insurance companies who do not necessarily have the experience or understanding of the legal mechanics of a claim. The simple calling of court proceedings obligates the insurer to appoint legal representation which will have the effect of speeding up proceedings that very often lead to out-of-court settlements.

Do not forget, insurance companies have a reputation for delaying tactics with the intention of agreeing to a relatively low settlement. Anybody who has been in a legitimate car accident will be well aware of the time taken for vehicle reports, repair quotes, etc – well it is no different when it comes to personal injury claims.

Setting Deadlines

As we touched on above, if there is no focus or agreement on a settlement date then out-of-court proceedings can drag on for months and even years in some cases.

The actual issue of court proceedings ensures that a more structured approach is taken to the case in question with an array of deadlines issued by the court. This will ensure that evidence is made available, and times and dates are set for the actual court case which very often results in an out-of-court settlement. It is frustrating and disappointing that this course of action needs to be taken to introduce legal deadlines but unfortunately that is the current system.

Interim Payments

When a case could potentially go before a judge or even a jury (in rare circumstances) it is likely that significant damages have been sought by the prosecuting party. It may be that the individual(s) involved is/ are not able to maintain their historic levels of income due to injuries or circumstances brought about as a consequence of the case in question. In the vast majority of circumstances, the insurance company would not even contemplate an interim payment if there was any chance of reducing a potential settlement or having the case dismissed. However, once court proceedings have been called and the evidence is placed before the judge the courts can instruct interim payments in certain circumstances.

We sometimes forget that individuals who have been injured and are claiming compensation will have families and other individuals to support. If their main source of income has been reduced or eliminated because of an accident which was out of their control this can have a seriously detrimental impact on their life and their mental well-being. Thankfully many of the courts take a compassionate approach to interim payments where there is a likelihood of a successful prosecution in due course.

Out-of-Court Settlements

If you put yourself in the shoes of a business or individual who has been prosecuted for a personal injury compensation claim this is not good publicity in any shape or form. There will obviously be fraudulent claims which need to be addressed and pursued as rigorously as possible but in this instance, we are talking about bona fide personal injury claims. While many court proceedings don’t actually reach the day of the case, a significant number are actually settled on the courtroom steps prior to the opening of the case.

This is a bizarre legal ritual of “sabre-rattling” where each party waits for the other to back down and attempt to negotiate a settlement. While obviously frustrating for individuals involved in the case, and we can only imagine the number of legal hours wasted on cases which never reach the courts, it is unlikely to change any time soon.

You Are Not On Trial

While a potential visit to the dock to give evidence in your case is not something many of us would relish, you must always remember that you are not on trial. It may feel that way with potentially aggressive questioning from the defending counsel but at the end of the day, the court is there to hear the case against the defendant.

As we touched on above, judges have the opportunity/ obligation to step in at any stage to redirect or pause any aggressive questioning of witnesses. It is also unlikely that you would be in the witness box for a prolonged period of time and many questions will only require relatively short to the point answers.

The vast majority of personal injury claims are settled well before court date discussions, especially where there is extremely strong evidence. The increase in fraudulent and scam claims has put the legal profession and insurance companies on a more defensive footing but at the end of the day, it is in the interests of all parties to settle bona fide claims as soon as possible. In the case of businesses, the publicity any court case can bring is unlikely to be welcomed and add anything to the company’s reputation. Indeed, as we have seen in years gone by, this kind of publicity can have a materially detrimental impact on the short, medium and long-term prospects of any business.