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Will I Have To Go To Court If I Make A Personal Injury Or Medical Negligence Claim?

Many people are concerned that if they pursue legal action, they will have to go through the stress and worry of a court trial. While solicitors and other legal professionals are used to this type of environment, we understand that for everyone else, the thought of having to go through court proceedings is daunting, not to mention very off-putting.

However, you should not let the worry of going to court deter you from making a personal injury or medical negligence claim. The primary reason for this is that claims are, in the overwhelming majority of cases, settled outside of court.

This is because both the claimant and the defendant will want to avoid court proceedings if at all possible. Preparing for trial will take up a considerable amount of time and money for both sides; therefore personal injury and medical negligence claims almost always end with an out of court settlement.

In order to reach this out of court settlement, your solicitor will calculate a sum of compensation that is appropriate for the pain and suffering you have endured. This figure will be proposed to the other side in what is known as a Part 36 offer. The defendant will either accept this offer, or if not, a period of negotiation will ensue. Normally, your solicitor and the defendant will be able to agree on a suitable sum of compensation that reflects the losses you have incurred along with a sum for your injuries.

There is, of course, a very small possibility that court proceedings will be necessary. This usually only happens if the defendant refuses to settle your claim for a reasonable sum of compensation. In such an event, your solicitor may advise that you take your claim to court so a judge can decide how much you should receive. If you agree, your solicitor will prepare a strong case on your behalf, guiding you through the process and supporting you at every stage.

Nevertheless, this really is very unlikely. So if you are thinking about pursuing compensation for personal injury or medical negligence, do not let the worry of having to go to court deter you.

For more information about this article or any aspect of our accident and injury claims services, please call us on 01772 424999, email enquiries@solicitordirect.com or use the form below and we will call you. Remember we do not charge you for our free initial advice and in most cases we can deal with your claim on a no-win no fee basis.

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