What Happens When A Car Accident Claim Goes To Court?

April 22, 2024    litigation lawyers
What Happens When A Car Accident Claim Goes To Court?

Explore the legal process and potential outcomes when a car accident claim escalates to court. Learn about the implications, procedures, and strategies involved in resolving such disputes.

Car accidents are nightmares and often result in dealing with traumatic experiences and situations like the legal system. In most cases, car accidents are settled outside the legal court in Perth by the excellent negotiation and legal strategies of car accident lawyers in Perth, but sometimes, when both parties fail to come to terms of negotiation, the matter is bound to reach inside the court.

This comprehensive guide will help you to know about the formal and structured procedures that unfold when a car accident claim goes to court in Perth.

Introducing the Claim in Court

If the negotiation phase fails to find a settlement outside the court, you must file a claim in court. The claim procedure comprises filing a statement of claim, which dictates the details of the accident, the damages or injuries that have occurred, and compensation.

In this case, a litigation lawyer in Perth can help you by providing advice for legal proceedings. This legal document is submitted to the appropriate court, which is generally decided based on the claim amount.

  • Magistrate Court:
  • District Court:
  • Supreme Court:

The Pre Trials

When you have filed the claim once in any one of the above-mentioned courts based on your claim amount, the court’s procedure commences with the pre-trial phase, which comprises the steps mentioned below:

1. Providing Statement of Claim:

In the first phase, the claimant must produce the statement of claim to the defendant, which helps them to get an opportunity to respond. It must be noted here that the defendant has the right to file a defense, which can have counterclaims.

2. Discovery Phase:

Both parties, i.e., the claimant and the defendant, are supposed to exchange the documents relevant to the claim case. This phase is extremely crucial as it enables both sides to observe and review the evidence used in the court.

3. The Pre-trial Conference:

This is a scheduled meeting by the court, known as an order meeting, held between the parties to take the initiative to settle the dispute before the trial. It is a major opportunity for the court to determine if the case can be resolved before a full trial.

4. The Trial in the Court:

In case the dispute fails to get resolved during the pre-trial phase, the court takes the initiative to commence the trial. The following process is conducted in case of trials for car accident claims:

The Opening Statement: In this step, each side, the claimant and the defendant, brings forth an overview of their case before the judge.

Presenting the Evidence: In this step, the claimant receives the first chance to present the evidence, followed by the defendant. This evidence can comprise physical evidence, witnesses, testimonials, and more.

Cross-Examination: In this phase, both sides receive the opportunity to interrogate each other party’s witnesses.

The Closing Arguments: Each party precisely describes their claims and case, emphasizing the strength of their arguments and the other party’s weakness.

The Final Verdict: The judge will decide based on the evidence and valid arguments presented in the final judgment.

5. The Settlement Phase:

If the decision favors the claimant, the judge will specify the defendant’s compensation. The amount may include the charges for multiple damages, from medical expenditure to physical suffering.

6. The Appeal:

If the claimant or the defendant believes that there is a legal error, they have a right to appeal the court’s decision. Appeals need to be filed under a specific time frame.

Role of Car Accident Lawyers in Perth

Appointing a car accident lawyer in Perth helps you ensure that your legal rights are protected and the case is brought forward in the most appealing way to receive better judgment.

In case there is an instance of defamation from the opposition during the legal proceedings, you can also consult and engage a defamation lawyer in Perth.


It is always better to have a settlement outside the court, as court trials can be complex and time-consuming. However, car accident lawyers in Perth manage the complex trials and help you get the claim and justice. So, if you are dealing with or fighting a car accident claim, choose litigation lawyers in Perth to help you in advising legal strategies for better claims and successful trials.

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