Do accident claimants actually end up going in to a courtroom for their compensation ?

Jun 15, 2017

The short answer is “No”. Generally, 96% of all claims for injury compensation are settled either after the solicitor has sent out the first compensation claim letter or just before the court case is heard.

Most injury claims have to through the Injuries Board claims process. This is a confidential process not open to public scrutiny or attendance. It only involves the parties concerned – essentially you,the claimant, and the insurance company.

If the Injuries Board makes an assessment, which you and the insurance company are both satisfied with, then you will not have to go to court (except where you are bringing a compensation case on behalf of a juvenile, in which situation the matter will have to go before the injury claims court for a Judge’s approval).

If the Injuries Board decides not to assess your injuries claim or if the Injuries Board makes an assessment that is not acceptable to either you or the other party, then you will have to issue court proceedings unless the case can be settled.

Even then, where court proceedings are commenced, the vast majority of injury compensation cases will settle before the case comes on for an actual court hearing. If your case settles, then you usually will not have to appear in court.

Many clients are put off by the idea that they may end up in court and their cases appearing on the news or other people see them in the court giving evidence. Our experience is this really is not a major factor to consider as it’s rare for the case to actually be heard. In addition, if all comes to all,we can generally agree to have the case taken out of the court altogether if that’s what you want!

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