Injury claims - if the case goes to trial?

In the unlikely event that your case goes to trial, the case will be heard by a judge who will decide on the liability (whether the defendant was negligent), the quantum (how much the claimant should be awarded) or, more usually, both.

• The claimant's solicitor will normally open the case and evidence will be brought forward by both sides in support of, and in refuting the claim.
• The defendant's solicitor will then sum up the presentation of the defence case which will be followed by a summing up by the solicitor acting on behalf of the claimant.
• The judge will then make a a decision on the case (a judgment) which will be given immediately or after retiring for consideration.

The judgment may be appealed by either party on the grounds that the judge's findings of fact or law may heve been wrong. While an appeal on findings of law may be successful, judgements on findings of fact are very rarely overturned.

If this all looks a little daunting call a solicitor and get our personal injury team working for you straight away. The call is free, the advice is free and nothing will ever be deducted from your compensation.