What is the process for a personal injury case for a child in the county court?

[Ganymede]

There is a solicitor involved,but she says there just dragging there heels.no money has been offered.the child was sore for a while after,nothing broke,thank god.the child seen some-one for the nightmares etc,but is back to normal now.

do defence solicitors wait until the steps of the court or will they let the case run in court?

Does the child give there side of what happened?

does the parents give evidence?

 

Court proceedings might have to be issued to progress the claim but it's very likely it won't go near Court for a trial.

 

The Litigation Friend will have to attend a very short and informal infant settlement hearing with the child and the Judge though regardless.

[freddy009]

Court proceedings might have to be issued to progress the claim but it's very likely it won't go near Court for a trial.

 

The Litigation Friend will have to attend a very short and informal infant settlement hearing with the child and the Judge though regardless.

 

That's what I thought and was hoping!!it would be abit rough putting a child through a full blown court case. we hope they sort it out before then.

[Ganymede]

That's what I thought and was hoping!!it would be abit rough putting a child through a full blown court case. we hope they sort it out before then.

 

The child won't be involved.

[freddy009]

What do you mean by the child will not be involved?Is the driver of the car the child was in be questioned or does the judge look over the medical evidence or engineers report first before anything??

[Ganymede]

What do you mean by the child will not be involved?Is the driver of the car the child was in be questioned or does the judge look over the medical evidence or engineers report first before anything??

A 10 year old won't be cross examined.

[freddy009]

then if the case listed is only for the child,can they cross examine anyone else?

i seen some where that the defence will put the parent in the box and discredit them?

do they actually save much by settling the case on the court steps?

[honeybee13]

then if the case listed is only for the child,can they cross examine anyone else?

i seen some where that the defence will put the parent in the box and discredit them?

do they actually save much by settling the case on the court steps?

 

Freddy, I haven't re-read your thread, but do you have a no win no fee solicitor involved?

 

HB

[unclebulgaria67]

then if the case listed is only for the child,can they cross examine anyone else?

i seen some where that the defence will put the parent in the box and discredit them?

do they actually save much by settling the case on the court steps?

 

You are displaying signs of not believing in the case you are pursuing. You need to believe in the case you are making, just in case you and the child do end up in court being questioned about the accident and injuries. Just see how it goes and do what you need to do. You don't want anxieties taking over.

[Ganymede]

Freddy, I haven't re-read your thread, but do you have a no win no fee solicitor involved?

 

HB

 

True, Freddy should be directing these questions to their solicitor otherwise what are they paying them for!!

[freddy009]

I am getting nervous,iv never been in a court before! I no 110% the other driver was in the wrong and the damage they caused to the car and the child.i telephoned our solicitor and they said they will hardy question the child,but may be the parent.they said a lot of these cases come down to engineers report.

Edited September 29, 2015 by freddy009

[unclebulgaria67]

I am getting nervous,iv been been in a court before! I no 110% the other driver was in the wrong and the damage they caused to the car and the child.i telephoned our solicitor and they said they will hardy question the child,but may be the parent.they said a lot of these cases come down to engineers report.

 

I can't imagine a third parties insurers arguing too much, given that their driver left the scene of an accident. 99% certain that the insurers will sort it out between them. As long as your Solicitor is being reasonable, it might not get to the stage where you are all sat round a table talking about it.

 

Your Solicitor is preparing you that you might have to take your child into a court and both be asked questions.

[freddy009]

I realise the solicitor is preparing for the worst case sanario.I have no problem or the child has no problem saying what happened.the child seen doctors for the solicitor and had follow up reports given the all clear.but what worries me is going over the whole thing and seeing the drunk driver will trigger the problems with the child again.we just want to put it behind us now and move on.

I also seen somewere that if the "trial " goes ahead,it is just the parties involved sitting around a table in a side room,not a open court room?

Do the other side actually save much money sorting it out on the court steps?

[unclebulgaria67]

I realise the solicitor is preparing for the worst case sanario.I have no problem or the child has no problem saying what happened.the child seen doctors for the solicitor and had follow up reports given the all clear.but what worries me is going over the whole thing and seeing the drunk driver will trigger the problems with the child again.we just want to put it behind us now and move on.

I also seen somewere that if the "trial " goes ahead,it is just the parties involved sitting around a table in a side room,not a open court room?

Do the other side actually save much money sorting it out on the court steps?

 

Ganymede will correct me. But i think open court room is where liability is not established and the two sides argue about it. Where it is more about the money side of things, it is a side room around a table. I doubt the third party driver will appear, as i can't think what point there would be.

[honeybee13]

I also seen somewere that if the "trial " goes ahead,it is just the parties involved sitting around a table in a side room,not a open court room?

 

It won't be a court room, it'll be more like an office or a meeting room with everyone round a table, as you say. It's nothing like court scenes on the TV.

 

HB

[freddy009]

not sure about the liability end of things.he said he hit the car,just not that hard!even though he hit the car causing 3k and staggered out drunk of his car and seen the damage and then fled the scene.i did,nt think he would make a great witness.

But I heard the solicitor mension "causation"/ lvi impact.so not sure how liability works here??

[Ganymede]

not sure about the liability end of things.he said he hit the car,just not that hard!even though he hit the car causing 3k and staggered out drunk of his car and seen the damage and then fled the scene.i did,nt think he would make a great witness.

But I heard the solicitor mension "causation"/ lvi impact.so not sure how liability works here??

 

You really need to calm down and sorakspeak to your solicitor about all of this. That's their job after all!

 

From what you have said, liability is admitted but causation is in dispute.

 

You aren't being very clear with your answers but I think you are saying that the amount of compensation for your child cannot be agreed due to the above.

 

If it is the case that this claim is going to trial in relation to quantum only then it will be in open Court before the Judge with a Barrister for each side etc. It's very unlikely your child will be cross examined.

[freddy009]

You really need to calm down and sorakspeak to your solicitor about all of this. That's their job after all!

 

From what you have said, liability is admitted but causation is in dispute.

 

You aren't being very clear with your answers but I think you are saying that the amount of compensation for your child cannot be agreed due to the above.

 

If it is the case that this claim is going to trial in relation to quantum only then it will be in open Court before the Judge with a Barrister for each side etc. It's very unlikely your child will be cross examined.

Sorry for been unclear.

There has been no compensation offered.

the other person said they hit the car,but only 2mph.

damage to car child was in came to near 3k

police were phoned,but did not arrive in time,driver left scene.

2 adults 1 child witnessed this.they were in the car that was hit by the drunk.

police took statement from drunk next day,but he said he paniced and left the scene because he got scared!

he was never charged with anything.

he is been a ass-hole because claim was made against him.

I don't understand why any of his actions would not be mensioned in court??

[goodatresearch]

The child would not be questioned, why would they? You couldn't expect a child of this age to comment on the speed of the other car.

 

Although you haven't said, this doesn't sound like an infant approval. It sounds like they are arguing the accident couldn't have caused the amount of physical damage to the child. But the damage to the car was £3,000 and this has been paid? Sorry OP, but something doesn't add up. What exactly has your solicitor said the court case is for? Do they disagree with the medical report? Pointless going to court if you dont know what its about. You really need to talk to your solicitor.

[freddy009]

The child would not be questioned, why would they? You couldn't expect a child of this age to comment on the speed of the other car.

 

Although you haven't said, this doesn't sound like an infant approval. It sounds like they are arguing the accident couldn't have caused the amount of physical damage to the child. But the damage to the car was £3,000 and this has been paid? Sorry OP, but something doesn't add up. What exactly has your solicitor said the court case is for? Do they disagree with the medical report? Pointless going to court if you dont know what its about. You really need to talk to your solicitor.

 

 

 

the drunk driver insurance paid for the damage to the car quick enough after the crash.you hit the nail on the head there by saying "It sounds like they are arguing the accident couldn't have caused the amount of physical damage to the child."our solicitor says he the medical reports he got from his specialists are fine.

Maybe that's whats defendant solicitors do,wait until the court steps until they sort it out.?

[unclebulgaria67]

the drunk driver insurance paid for the damage to the car quick enough after the crash.you hit the nail on the head there by saying "It sounds like they are arguing the accident couldn't have caused the amount of physical damage to the child."our solicitor says he the medical reports he got from his specialists are fine.

Maybe that's whats defendant solicitors do,wait until the court steps until they sort it out.?

 

You keep referring to them as a drunk driver, when it sounds like they were never arrested by Police for this and there are no independent witnesses to the other driver appearing to be drunk. It is an allegation they are denying.

 

The biggest indication of the speed of the accident is the damage to the car. This is how your Solicitor would counter arguments about speed, pointing to the nature of the damage to the car.

 

The two sides legal representatives will discuss and come to an agreement,i would expect.

[freddy009]

do the 2 side not meet before the date?or is it just on the day they talk and try and come to a deal?

[honeybee13]

freddy, your lawyer doesn't seem to be telling you much. I'd have thought they should have explained this to you.

 

HB

[Ganymede]

do the 2 side not meet before the date?or is it just on the day they talk and try and come to a deal?

 

They will be discussing the accident in correspondence between them but if they still can't agree with will go to trial.

 

I don't have a crystal ball so can't say if it will settle but it's more likely that not to settle.

 

Speak to your solicitor if you are concerned.

[freddy009]

your right,its anyone,s guess what will happen .i am not worried about the out come,because we know he is 100% in the wrong. were just abit nervous about going to a court.

the solicitor has spoke to us,but its when you come off the telephone you think of all these questions to ask.

I realise its in everyones interests to not have it heard in front of a judge,as costs can spiral and the judge can be unpredictable.

[unclebulgaria67]

your right,its anyone,s guess what will happen .i am not worried about the out come,because we know he is 100% in the wrong. were just abit nervous about going to a court.

the solicitor has spoke to us,but its when you come off the telephone you think of all these questions to ask.

I realise its in everyones interests to not have it heard in front of a judge,as costs can spiral and the judge can be unpredictable.

 

Be careful not to make it sound like an exaggerated claim that you are worried sbout. There are some personal injury Solicitors who seek to maximise a claims value, as they will get a percentage. I think they can get 25% of whatever is awarded.

 

Let the Solicitor do their job and just go on the ride. You can't do much else.