Moffat & Co Solicitors

Moffat & Co Solicitors
Accident Compensation Claim Solicitors Scotland
PO Box 28287
0131 662 6988
0131 667 8175

MASS Motor Accident Solicitors Society

Moffat & Co Solicitors Over 25 years of experience at your service

Whiplash Claim Hearing

What Happens At A Court Hearing To Settle A Whiplash Claim?

If you have not managed to settle your claim and you are forced to attend Court for a Final Hearing, the Court will need to decide who is to blame for the accident and if it is the Defendant to the action (the other driver), how much compensation you receive. How do they do this?

Evidence Regarding Liability

If your hearing is in relation to the cause of the accident (i.e. who is responsible for it) then the Court will want to hear evidence from yourself and the other driver, along with any witnesses to the accident. If an expert (Police Officer or Accident Investigator) has prepared a report, they will also be asked to provide evidence.

How Evidence Is Provided

Initially the person giving evidence will be asked to confirm their statement and then the person calling that witness will be able to ask any further questions about the statement. The person defending the action is then entitled to cross examine the witness to search for weaknesses in their evidence and then finally the other legal representative can deal with any points raised in the cross examination. This will happen with each witness to the case.

If the hearing only relates to liability for the accident the Judge will then make his final decision and confirm who is responsible.

If the hearing also relates to the amount of the compensation claim, the Judge will hear additional evidence from medical experts (such as the Orthopaedic Surgeon) and other witnesses confirming the impact of the accident upon the person making the claim. This could include family members confirming how the whiplash victim has suffered, the impact on their day-to-day life, including the ability to carry out their job or look after their children and all other circumstances of the injury.

In addition, the Court will assess all of the losses and expenses claimed and determine whether they are reasonable in the Courtís opinion.

Once the Court has completed this it will summarise the evidence and make a final award of compensation, separating the claim for pain and suffering and the injuries from the claim for losses and expenses.

In addition to this compensation, the losing party will normally also be ordered to pay the legal costs involved.

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My case was dealt with personally by Stan Moffat and what a brilliant guy. His office contacted me personally by telephone at the start of my claim to explain who they were and what they would be doing for me. All through the case I was kept fully informed of all actions either by e-mail or by letter and reassured by Stan several times of any queries I had.

It is very seldom that a solicitor will take the time to speak personally at any time with you without getting run through secretaries etc. I commend this man for that as this was a very upsetting and important time for me and he did everything in his power to make this as easy and as swift as possible for me.

I highly recommend the service that this firm brings and the speed that they move at.

J McMahon

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