Civil Claim Procedure

The vast majority of Civil Law cases arising from accidents and such like settle out of court and do not proceed to a trial. This is because the Solicitors on each side will be advising their clients about what would be a reasonable outcome and there is usually some common ground that can be found. We advise you about what is the best option for your particular case and if a settlement is best that will be the advice. However if going before the judge on a contested basis is the best option that option will be persued by us to the full extent of the law and the court rules to achieve the best possible outcome for you.

If your case has not been settled out of court, it will be set down for trial before a judge. If the Defendant in the case has not admitted she/he is at fault, the trial will take place in court along the following lines:

Your barrister will outline to the judge the nature of the case and the injuries you suffered. Medical evidence relating to your injuries may be given by a doctor if appropriate to your case. An engineer may be called to give evidence if necessary.
You will be called to give evidence. This will involve swearing on oath and answering the questions posed to you by your barrister. You will give evidence relating to how the accident occurred and your injuries. When your barrister has finished asking you questions, you will be cross-examined by the barrister on the other side. The object of cross-examination is to discover the truth so you may be asked questions about any inconsistencies in your evidence. You may also be told what the Defendant or his/her witnesses say is the true version of events and asked to comment on their evidence. All the other witnesses on your side give evidence and are cross-examined.
The Defendant’s witnesses are each called to the witness box and give evidence. Your barrister may cross-examine each one of them.
When all the witnesses have been called, both barristers may make submissions to the judge. This may include summarising or emphasising certain evidence or making legal arguments.

The judge will then make a decision on:

– whether the Defendant is at fault and therefore liable to pay damages to you,

- the amount of damages to which you are entitled as a result of your injuries and,

– who will pay the costs of the proceedings.

Usually, if you have won the case, the judge will order that the Defendant pay your legal costs as well as her/his own. If you lose, it is likely you will have to pay the costs of both sides.

30 July 08