Will my claim go to court?

• Although every claim can and may end up in a court most claims do not. Many claims are settled outside of court during settlement negotiations.
• Whether your claim goes to court will depend on a number of factors. It usually comes down to whether there is a substantial difference of opinion between the parties. If there are disputes about whether there was negligence, whether the accident caused the injury or the amount and types of compensation sought a claim may proceed to court.
• Another reason most claims do not go to court is the extremely high cost. You will usually need a lawyer and a barrister to assist you and their fees are high when it comes to court preparation.

The law in most states and territories encourages settlement to occur prior to a court hearing and often requires that settlement negotiations be attempted before a claimant takes a claim to court.