Most personal injury cases are settled outside the court; however, there are some cases where it becomes necessary to forward the case to the court to get the best possible result. Complex cases like serious work injury claims, medical negligence, serious road traffic accidents, fatal accident claims, industrial disease claims, etc., can be challenging to settle outside the court. Hiring a personal injury lawyer during court cases can be helpful.
What happens if a personal injury claim goes to court?
If the other party denies responsibility after causing the accident or injuries, or if you cannot reach an agreement with a suitable compensation, you can proceed to a court settlement. If the defendant is taking long to respond or ignoring, you can still proceed to court. At such a stage, the other party is legally obliged to respond.
1. Notify the defendant
The first step of settlement in court for personal injury is to contact the defendant as soon as possible to make a claim. It is required that the defendant knows a claim has been made against them before they send a formal letter of the claim.
2. The claim letter
It is a letter sent to the defendant which includes the details of what injuries were sustained by you and any financial losses incurred. The letter should have enough information t allow the defendant to investigate the claim to set their own liability and claim value.
3. Primary response
The defendant has up to 21 days to respond to the letter you sent. This is the only opportunity where the defendant can include extra information related to the claim that they feel is missing and is essential for the outcome of the case.
Once the defendant responds, they have up to 90 days to investigate the case and to admit or deny liability.
You have to send the defendant a schedule of losses suffered, such as loss of wages, and property damages, with documents that support the related claim.
6. Role of professionals
Professional experts like your physician will provide you with a complete medical report of your injury or illness.
It is important to consider rehabilitation in the claim as soon as possible if you need to have rehabilitation treatment to recover from the injuries. Both parties must follow the rehabilitation code to recognize your needs and determine how much funding you need to pay for the treatment.
8. Failure to concede
The court can impose sanctions against both parties if they fail to comply with the pre-action protocol.