FAQ about Personal Injury Trials

• Do I have to attend?

Yes. Claimants are required to attend trial to give evidence. All witnesses have to attend too.

• Can I bring someone with me?

Yes. Most trials are heard in open Court and in theory- anyone is able to attend.

• What should I wear?

We always advise our clients to dress as smartly as possible. A suit if possible.

• Who will represent me?

We will arrange for a Barrister to represent you.

• Will I know beforehand what questions will be asked?

We will not know what exact questions will be asked however we can guide you on the type of questions that can be asked. We would advise you to refresh yourself with you witness statement.

• How long will the Trial last?

A Fast Track trial typically lasts 1 day. You should be prepared to spend the whole day at court. There will be waiting time and a break for lunch.

• Is the Judge’s decision final?

Yes. This is the final stage of the process and a claim. In a very small percentage of cases Claimants may have a right to appeal. Your Solicitor will be able to advise you of this.

• I can speak some English, but I’m not sure whether I’ll understand all of the questions put to me in Court. What should I do?

If there is even a small chance that you will not understand some of the language used in Court, then you need an interpreter to attend with you. Nayyars Solicitors will always arrange this for you. It is important because a Judge may refuse to hear your evidence if they feel that you cannot understand the questions completely.

• If I lose at trial because I’ve been dishonest about my claim, nothing happens, right?

Wrong. If a Judge finds that you have been dishonest about your claim, they can make a finding of “fundamental dishonesty”. This is an order against the Claimant to pay the Defendant’s costs of defending the claim. Good Solicitors will always advise you where they think that this is a risk. At Nayyars, we operate an upfront policy where you will always be advised of the litigation risks of running a claim to trial. We always assess our client’s prospects and advise them appropriately.

If you have a case that is heading towards a Trial date contact your Case Handler who should be able to guide you further.

At Nayyars we have an expert legal team who can help prepare you case for Trial.

Abigail Smith

Litigation Paralegal