At Oakwood Scotland Solicitors, we understand that some clients may be concerned about going to court if their claim is accepted.
Giving evidence in court can be a stressful and daunting experience, and we know that it is not something that some of our clients will want to face.
However, in most scenarios, your claim will be resolved before it goes to court, through negotiations between your Solicitor and the Defender (usually an insurance company or third party). According to figures, only around 10% of personal injury claims end up in a courtroom, and the vast majority are settled outside of court.
This is because personal injury claims are more about reaching an agreement, rather than a courtroom battle. Unless of course the Defender disputes liability Court proceedings can be expensive and time-consuming, but at Oakwood Scotland we aim to take the stress out of a stressful situation by dealing with your claim in an expedient manner, keeping you infirmed throughout the whole process.
Insurance companies, who are usually the ones paying your compensation, generally prefer to avoid the extra costs and risks associated with going to court. Out-of-court settlements are regarded as a faster, more practical and cost-effective solution.
There is only a small chance that your claim will need to involve the courts, but if it does you can rest assured that you have the professionals n your side.
In the end, it will boil down to how strong your case is, how reasonable the third-party insurers are, along with your own expectations and willingness to negotiate. This highlights how important it is to obtain as much evidence and information as possible, relating to your road traffic accident to secure the best result..
What evidence do I need?
Strong evidence is crucial to help us obtain compensation for you and build a strong case. Below we have outlined some of the evidence you should obtain to support your case:
- CCTV
- Dashcam footage
- Witness statements
- Medical records
- Diary of symptoms
- Pictures of vehicle damage
- Pictures of other vehicle
- Full details of other vehicle, including registration number and their details
- Receipts and out of pocket expenses (e.g. travel expenses, prescription charges, insurance excess payment)
When might I need to go to court?
Although it is highly unlikely that you will need to go to court, there are a few circumstances where this could happen:
- The third party denies liability
- A settlement agreement cannot be reached
- The third party or their insurer is unresponsive
What will happen if I need to go to court?
If your claim does go to court, it usually means that an acceptable settlement couldn’t be negotiated. Your Solicitor will then lodge a claim with the appropriate court.
The court will outline the next steps, including deadlines for submitting information and the date for the evidential hearing, in Scotland it is called a Proof Hearing. .
Is there a jury in personal injury cases?
Yes, there can be, but these are generally for very high value claims involving death or severe disability as a result of the accident. It is called a Jury Trial and takes place in the Court of Session, the highest civil court in Scotland.
Most Personal injury claims are decided by a Sheriff in a Sheriff Court. There is a public gallery and often people come to watch the court’s business. In fact the court positively encourages this as it shows to the community justice in action.
While the idea of a court hearing can be stressful, many clients find the experience much less daunting than anticipated.
After considering all evidence and closing submissions by the Solicitors, the Sheriff will either had their judgement down straight away or go off to consider their decision and provide this a short while later.
The Sheriff will either give an oral or written judgement and this will decide liability and also the amount of damages you will receive.
Further reading
Accidents at work and in public – Oakwood Scotland Solicitors
WHAT TO DO NEXT
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