When people hear that their personal injury case is “going to court” it can often be a scary thought. It can be a stressful and daunting process, and the thought of having to go to court can be overwhelming. But in actual fact only around 5% of personal injury cases end up in court. Most are settled out of court.
When a personal injury claim is made, the claimant’s solicitor will send a letter of claim to the defendant’s insurance company. The defendant’s insurance company will then investigate the claim and decide whether to accept or reject it. If the claim is accepted, the defendant’s insurance company will make an offer of compensation. If the offer is accepted, the case is settled out of court.
If the offer is rejected, the claimant’s solicitor will make a counter-offer. The defendant’s insurance company will then either accept or reject the counter-offer. If the counter-offer is accepted, the case is settled out of court. If the counter-offer is rejected, the claimant’s solicitor may advise the claimant to take the case to court.
When a case is taken to court, it is heard by a judge and a jury. The judge will decide on the amount of compensation that should be awarded to the claimant. If the defendant’s insurance company does not accept the judge’s decision, they can appeal the decision. This is why only around 5% of personal injury cases end up in court.
If you were told that your case is going to court, it can often simply mean that your case is in progress. It does not necessarily mean that your case will end up in court. Most personal injury cases are settled out of court.
In conclusion, it is important to remember that only around 5% of personal injury cases end up in court. Most are settled out of court. If you were told that your case is going to court, it can often simply mean that your case is in progress. It is important to seek legal advice if you have been injured and are considering making a personal injury claim.
Ditulis oleh:
Sofia Wijaya
7 Juni 2020
