Most personal injury claims in Scotland are resolved without the need for a Court hearing. However, a small proportion-around 2-5%-do end up in Court. If your claim does proceed to Court, it’s natural to feel apprehensive, but the process is designed to ensure fairness. Our team will be with you every step of the way.
If you need clear advice about a potential Court action, contact our personal injury team today on 0800 988 8082 or complete our online contact form.
Why do some cases go to Court?
A personal injury claim may go to Court for two main reasons:
- The parties cannot agree on who was at fault (liability).
- There is a dispute about the value of the claim (how much compensation should be paid).
Will I need to attend Court?
If your case goes to Court, you will usually be required to attend. However, this depends on the circumstances. In some straightforward cases, your legal team may be able to represent you fully without you being present. Your Solicitor will advise you on whether your attendance is necessary and will ensure you have plenty of notice and support to prepare.
Will I have to speak in Court?
The idea of speaking in Court can be daunting, but personal injury hearings are held in Civil Courts, typically in a standard room with a Sheriff (not a jury). Your Solicitor and, if needed, an Advocate will guide you through the process and answer any questions you have. Before the hearing, you’ll meet your legal team and discuss what to expect.
Often, the Sheriff will rely on written witness statements, but you may be asked questions about your evidence. Cross-examination is common, but your legal team will prepare you for this. In some cases, you may not need to speak at all, as the case can be decided on written evidence.
What are the stages of a court case?
Before Court
Even after Court proceedings begin, negotiations continue to settle the case. Both sides exchange information and prepare documents for the Court. You’ll be asked to review and sign a statement of truth confirming your evidence is accurate. There may be preliminary hearings to set the timetable for the case, but you won’t need to attend these, your Solicitor will handle them.
The hearing
At the hearing, both sides present their case. You may be asked to confirm your witness statement and answer questions about your injuries. Expert witnesses, such as doctors, may also give evidence. Each side’s Advocate will challenge the other’s evidence and make closing arguments. The Sheriff will then consider all the evidence before deciding.
The decision
The Sheriff will explain their decision, including who was at fault and what compensation is to be awarded. Compensation is usually split into:
- General damages: for pain, suffering, and loss of amenity.
- Special damages: for financial losses such as lost earnings, medical costs, travel expenses, and future needs.
The Sheriff will use guidelines and previous cases to help decide the amount of compensation.
After the Hearing
If you’re unhappy with the outcome, you may be able to appeal. Your Solicitor will advise you on your options.
Will going to Court cost more?
Court proceedings can involve additional costs, which is why most cases are settled before trial. However, if your claim is handled on a ‘no win, no fee’ basis, you won’t pay anything upfront, and there’s no financial risk if your case is unsuccessful. If you win, a portion of your compensation will be used to cover legal fees.
Frequently Asked Questions
Most Court cases take several months, though complex claims can take longer.
Your Solicitor will prepare and lodge all required documents, including your witness statement and any expert reports.
Yes. Many cases settle even after Court action begins.
Usually just identification. Your Solicitor will tell you if anything else is needed.
Most civil hearings are public, although attendance is usually low.
Contact our Personal Injury Lawyers
If you are concerned about a forthcoming Court hearing or want clear guidance on your personal injury claim, speak to our team today on 0800 988 8082. You can also reach us by completing our online contact form.
