If your claim cannot be settled out of court, Ferrys Solicitors LLP Personal Injury and Accident Solicitors then take your claim through the courts. If the claim still cannot be settled, the barrister we employ for you will argue your case in a court before a judge.
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How the Courts Process Works
1. We employ a Barrister for you
On receipt of the necessary reports, your papers are then sent to a Barrister who we employ for you, so the Barrister can prepare the necessary documents that have to be issued by us.
2. The Barrister prepares the Summons
The first Court document to be prepared by the Barrister which has to be issued in your case is a Summons.
3. The other side put in their document and questions
The other side then put in a document once we serve them with that, called an Appearance, and they will usually ask a series of questions about your case at this stage called Particulars.
4. We go through these questions with you
We bring you in at that point and have you go through these questions and give us your replies together with any receipts you have for your out of pocket expenses.
5. The other side put in their defence or settle
Once we give them these replies the other side will then either put in a final document called a Defence or alternatively will indicate that they want to settle your case.
6. We queue or apply for a date for hearing in Court
If they put in their Defence we can, if your injury situation is completely clear and there are no further preparations needed for your case, apply for a date for hearing in Court or alternatively we can put your case into a queue waiting to be heard.
7. We try to settle the case with our barrister
If the other side indicate that they want to settle your case, we will then set up a meeting between you, us, your Barrister and the other side.
Your Barrister will have been given by us all the necessary documents in your case and after discussing the matter with you in detail will then, with us, speak to the other side and try and reach an agreement to try and settle your case. Your Barrister will be fully experienced at measuring what your case is worth and what a Judge would likely give you if your case was to go to Court and will then with us, try and obtain that compensation from the other side for you.
8. If they don't settle, we obtain a date for hearing at court
If they do not pay you at this meeting a figure that you are happy with, then we go ahead and obtain a date for hearing for your case and nothing has been lost in attempting to settle the matter.
9. We arrange for you to be at the court
If your case is going to Court and once we know the date for the case, we arrange for you, your Barrister, doctors, Gardaí, witnesses etc., to be at the Four Courts on the morning of your case.
10. If they will not settle, the case is heard in court in front of a judge
Your Barrister and ourselves will then go through the matter fully with you and your witnesses. Again if the other side are not prepared to settle, we will present your case in Court and let the Judge decide on the outcome.
