Do i have a claim?
Use our online claim checker
How much can i claim?
Use our compensation calculator
Courtrooms are known for being intimidating places, however, if you do need to go to court our lawyers are well versed in personal injury litigation.
I would be too scared to go to court
We understand that one of the greatest fears people have about putting in a personal injury claim is the possibility of having to go to court.
Here at Millner and Knight, we know that courtrooms can be a terrifying place, but there is no need to worry as our expert lawyers will have your back if every step of the way.
In most cases recovering compensation for your injuries is done without having to enter a courtroom to settle your claim.
Will my claim be settled out of court?
A large percentage of claims in Australia are settled out of court. Many businesses and insurance companies don’t want the additional expense and bad publicity that comes with a court case.
If your lawyer says you have a strong chance of winning your case, then it is unlikely that your claim will go to court.
Normally, if the evidence is strong enough, the other party will admit liability and offer damages rather than going through the courts.
Of course, you do not have to accept these damages as you may be entitled to more which may mean you would need to go to court. If this is the case, your personal injury lawyer will advise you of this.
What happens if the other party denies liability?
The only time you may be required to go to court in a compensation case is if the other party is denying liability – in other words, if they dispute that they were at fault for your accident.
For example, you have been involved in a car accident that wasn’t your fault but the other side is also claiming the same thing.
In court, you will need to give your side of the story to a judge and they will then determine whether or not the other party is responsible. However, these cases are far and few between, and your lawyer will offer advice as to whether court action is likely when you first make a claim.