Person Injury Bureau
If I make a personal injury claim, will I need to go to court?

Claiming for an injury can be fairly straightforward. As far as the victim is concerned there’s rarely a need to go to court (around 95% are settled before proceedings) as insurers know that court cases cost money. In ‘no win no fee’ cases usually the costs of being represented are recovered from the other party. It all sounds very easy but remember personal injury compensation is not handled by the Criminal Justice System; it is settled in the Civil Courts and is only meant to provide the victim compensation of what they have lost plus whatever that injury could affect financially in the future. It won’t bring justice for a crime and no criminal proceedings will ensue.

There are also other drawbacks for claiming for injuries, especially if the injury took some time to develop. Court proceedings must ensue within 3 years of injury awareness, so it’s important to check if a case is still valid. Also claiming enough evidence can be frustrating. There needs to be evidence of, not only the injury itself but also the effects of the injury on your day-to-day life. You need to prove they were negligent and also get witness statements which failure to obtain are a common cause for cases to fail. Injuries are usually proved with a letter from your GP or medical practitioner.

Sometimes the need to claim for an injury is essential. It is however to be noted that there is rarely a straight forward case. People are likely to deny a wrong doing, and it is difficult if no-one witnessed the incident, so take commercials on television and e-mails in your inbox with a pinch of salt, and be sure to hire well respected and successful solicitors.



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