Do I Have to Attend Court for my Personal Injury Claim?

Because I want to claim compensation for a serious injury I sustained I wanted to know do I have to attend court for my personal injury claim?

To answer the question “do I have to attend court for my personal injury claim?” a number of factors must be considered as there are some instances where it is entirely necessary for a claim to be heard in court, and examples of such situations are outlined below:

  • If liability has been disputed because of a lack of evidence to support your claim or if you possibly contributed to the accident and injuries through your own negligence and a proportion of claim must be determined, you may have to go to court to tell your side of the story to the judge.
  • Even if liability is acknowledged, you may have to go to court if the two parties cannot agree on the amount of compensation you should receive.
  • You will have to go to court if you are acting on behalf of a minor as their “next friend” in their personal injury claim, as all settlements for children less than eighteen years of age must be approved by the court.
  • The Injuries Board Ireland never assess medical negligence claims, therefore you would have to appear in court in order to pursue such a claim.

The answer to “do I have to attend court for my personal injury claim?” will therefore depend on the individual circumstances of your claim, the amount of damages sought and the plaintiff’s age.

It is worth knowing, however, that the majority of cases are settled outside court; approximately 80 per cent of claims never even see the inside of a court room. Settlements between all parties are frequently reached before the trial date or sometimes in the day of the trial.

“Do I have to attend court for my personal injury claim?” is a very good question and one often asked by potential plaintiffs who have never before been in such a situation but have been injured in an accident for which they were not to blame. It would, therefore, be in your best interests to consult with an experienced solicitor at the first practical moment following medical treatment, who can assess your claim and determine its viability. Additionally, he or she would be able to establish whether or not it could be likely that your case could be heard in court.



This is an Information site only – if you feel you have a potential claim, you should discuss your situation with a solicitor registered with the Law Society of Ireland.