Do Personal Injury Claims Go To Court?
You may know that if you suffer because of an accident caused by somebody else, you could start a personal injury claim against them. You could claim for physical or psychological injuries as well as any financial losses. Whilst the claims process can sometimes be complex, matters can usually be resolved amicably. However, where the claimant and the defendant can’t agree on who’s to blame or how much compensation should be paid, the claim might need to be decided by a court. Therefore, in this article, we are going to look at how many personal injury claims go to court.
Additionally, we’ll explain why cases end up in court, how court proceedings work, and what you’ll need to do before a trial. For your information, we are also going to consider what claims can be made for and how much compensation could be awarded. As we continue, we’ll show how a lawyer could help you settle the case before it needs to go to court.
Advice.co.uk have a team of specialists waiting to help you. If you’re thinking of claiming, they can review your case on a no-obligation basis. Furthermore, they’ll offer free legal advice on your options. If your case seems viable, you could be referred to a personal injury lawyer from our panel. To make your claim less stressful, if it is accepted, the lawyer will provide a No Win No Fee service.
To learn more about how many personal injury claims go to court, please carry on reading. Otherwise, please give us a call on 0161 696 9685 today if you would like more information on how to start a claim.
Select A Section
- A Guide On How Many Personal Injury Claims Go To Court
- What Is The Average Payout For A Personal Injury Claim?
- Types Of Damages You May Claim
- What Is A Personal Injury Claim?
- Why Do Personal Injury Claims Go To Court?
- Why Only A Small Number Of Personal Injury Claims Go To Court
- What Will Happen In Court?
- How To Get Prepared If Your Case Is Going To Court
- How To Begin A Personal Injury Claim
- Take Action With A No Win No Fee Lawyer
- Speak To Our Team
- More Information
A Guide On How Many Personal Injury Claims Go To Court
We have written this article because we are often asked how many personal injury claims go to court. In fact, the answer is that very few cases do and there are various reasons why. As we progress, we will show you why that’s the case and how claims can be resolved without a trip to the court.
In our experience, a very low number of cases are taken all the way to court. The figure is perhaps less than 5%. Generally, a claim can be negotiated between the claimant and the defendant’s insurance company to reach an amicable agreement. The reasons why a court hearing might be needed include:
- Liability for the accident cannot be agreed upon.
- The case is very complex.
- There is a need for interim payment is required before the claim is settled.
We’ll look at more reasons why claims don’t usually require court intervention later on. Additionally, we’ll explain what happens in a courtroom, whether you’ll need to attend and if a jury is required to decide the outcome of the case.
Personal injury claims can result from many different scenarios. For example, they could include injury claims following fatal road accidents, an accident at work, or falling because of a raised paving slab. Whatever the reason, if somebody else was to blame, you could be eligible to seek damages.
To give you some idea of what a personal injury claim might be worth, we’ll look at potential compensation figures for a range of different injuries. We’ll also look at when you could claim back costs associated with your injuries.
What Is The Average Payout For A Personal Injury Claim?
When you make a personal injury claim, you should look at general damages. This aims to compensate for any pain, suffering or loss of amenity. We have supplied a table with a few injuries below. If your injury doesn’t appear on the list, don’t worry. You could claim for any injury including a spinal injury, head injury, broken bones and whiplash.
The figures in our table are from the Judicial College Guidelines (JCG). Lawyers, barristers, insurers and courts may use the JCG when determining settlement amounts. Please bear in mind that each and every case is unique. We’ll be able to offer a more personalised compensation estimate once we have reviewed your case properly.
|Injury||Severity Level||Settlement Range||Additional Notes|
|Face||Less Severe||£16,860 to £45,440||Covers facial scarring that is substantial and there has been a significant psychological impact.|
|Teeth||Loss||£4,080 to £7,160||Serious damage (or complete loss) of two front teeth.|
|Neck||Moderate||£23,460 to £36,120||This category covers dislocations and fractures of the neck which may necessitate fusion of the spine.|
|Back||Severe||£85,470 to £151,070||The injuries in this category are the most severe. They'll involved damage to nerve roots and the spinal cord causing severe pain, incomplete paralysis and impaired bladder, bowel and sexual function.|
|Shoulder||Moderate||£7,410 to £11,980||Covers injuries like frozen shoulder where discomfort and limited movement continue for around 2 years.|
|Legs||Less Serious||£16,860 to £26,050||This category is used when an incomplete recovery from a fracture is made.|
|Ankle||Severe||£29,380 to £46,980||Injuries in this category will usually require a long period of treatment and where pins and plates will be required to be inserted.|
To achieve the correct level of compensation, you will need to demonstrate the severity of your injuries and that the accident caused (or worsened) the injuries. To do this, you will need to attend a local medical assessment as part of the claims process. An independent medical specialist will carry out the assessment. They will ask you about how your injuries have affected you. Also, they’ll review available medical records and examine the current state of your injuries too.
Following the meeting, the specialist will report back to your lawyer with their findings. This report is a vital part of any claim, so medical assessments are mandatory for all cases.
If you’d like to discuss how your injuries could be valued or how many personal injury claims go to court, our advisors are ready to take your call.
Types Of Damages You May Claim
In addition to your injuries, it might be possible to make an added claim if you have incurred any costs. This part of the claim is called special damages. It is simply designed to leave you in the same financial position as you were before the accident occurred.
As before, each case is unique, but you could ask to be paid for:
- Care costs. If your injuries mean you need support while you recover, then care costs could be claimed. You could work out a rate for a friend who cared for you or claim back a professional carer’s fees.
- Medical expenses. Even though treatment will usually be provided free by the NHS, the cost of over the counter medicines and prescriptions could still be claimed. Furthermore, if you need non-NHS treatment, you may be able to claim the cost back.
- Travel costs. This might include the cost of fuel or parking related to hospital visits or medical appointments.
- Changes to the home. If you have been left with some form of disability, changes might be necessary to help you cope. If that’s the case, the cost of such changes might be added to your claim.
- Lost income. Taking time away from work while recovering can be expensive. If your income is reduced because of your injuries, you could ask for the losses to be paid back.
- Future loss of earnings. In some cases, your income might be reduced for the long term. That could be the case if your injuries mean you can’t carry out the same work as before. If that happens, you might be able to ask for future lost income to be considered.
What Is A Personal Injury Claim?
A personal injury claim could be possible, if:
- You suffered an injury or illness and;
- Somebody else caused your injury and;
- That person owed you a duty of care.
That means you could be entitled to claim if you were harmed in a workplace accident that wasn’t your fault, suffered because of medical negligence, or were injured because another driver crashed into your car.
As discussed earlier, a personal injury claim can involve compensation for any pain and suffering you endured as a result of your injuries as well as any financial losses you’ve incurred.
Essentially, it is worth investigating your chances of making a personal injury claim if somebody else has caused you to suffer. If you contact our team of specialists, they will review your case for you. They can work out whether the defendant had a duty of care towards you. Once they have assessed your accident claim, if they believe your claim is viable, you could be partnered with a specialist lawyer from our panel.
Why Do Personal Injury Claims Go To Court?
As we mentioned earlier, it is not common for personal injury claims to go to court. In many cases, your claim will be negotiated between your lawyer and the defendant’s insurance company. If a settlement can be agreed upon by both parties, a court hearing can be avoided.
However, there are occasions where the only way to resolve a claim is for a court to make a decision. Some of the reasons why a case might end up in a courtroom include:
- If the defendant won’t engage in negotiations.
- Where liability has been agreed upon, but the two parties cannot agree on the settlement amount.
- Where the claimant insists the defendant caused their injuries, but the defendant denies any wrongdoing.
- A claim can’t be resolved before the third anniversary of the accident.
If you start your claim with Advice.co.uk and your case is accepted by a lawyer from our panel, they will use their experience to try and resolve the claim amicably. Remember, going to court is the very last resort. For more information and free legal advice on how to make your claim, please get in touch today.
Why Only A Small Number Of Personal Injury Claims Go To Court
In this section, we will look at some of the reasons why many personal injury claims don’t need to be heard by a court.
Your solicitor will check you have a valid claim
This is a strong reason why cases don’t usually need a court hearing. A personal injury solicitor should pre-vet any claim before they accept it. While that might mean a claim isn’t taken on, it is just as important for the claimant as it is for the solicitor.
By checking the case has good grounds, a solicitor can stop anybody’s time from being wasted. The thing’s they’ll look for include that the injury (or, alternatively, the date they obtained knowledge that negligence at least contributed to the injury or illness) occurred within the claim time limits. They’ll also look at whether the claimant was owed a duty of care by the defendant and the injuries were directly caused by the accident.
Court action can be expensive for the defendant if they lose
Not many people want cases to go to court. One key reason for that is the costs involved. Hiring a barrister or solicitor to handle court proceedings can be expensive if the case is lost. For that reason, trying to reach an agreement out of court is almost always the best option.
What Will Happen In Court?
Let’s now look at what happens if the case does need to go to court. If you have any further questions on this matter, please don’t hesitate to contact us.
How will my settlement be decided?
Personal injury claims do not require a jury. If they go to court they are held in a civil courtroom with no jury and no public viewing gallery. That means the hearing may not feel as stressful as a criminal trial, for instance.
Is there a timetable for cases going to court?
Once a claim is filed with a court, your lawyer will be asked to submit a list of documentation by a set date. This list includes medical reports and other evidence to support the case. After that, a hearing date will be set.
However, while the date in court has been set, negotiations to settle the case can still continue. It will be preferable to all parties, including the court, that the issue is resolved before the hearing takes place.
Will I need to attend the court hearing?
How To Get Prepared If Your Case Is Going To Court
If your claim does need to go to court, you should send any information requested by the court as soon as possible. Our advice would be to take on legal representation to support you. If your claim is accepted by a lawyer from our panel, then they will explain the court process for you and handle everything on your behalf.
Once again, although court action is possible, your lawyer should attempt to settle the case without a hearing.
How To Begin A Personal Injury Claim
If you are going to make a personal injury claim, you’ll need to show:
- The defendant owed you a duty of care.
- They breached that duty which caused an incident or accident.
- You were injured as a consequence.
Therefore, the first thing you should do before claiming is collect evidence. This could include:
- Photographs of the accident scene. Ideally, these should be taken at the time of the accident and before the cause is removed.
- Medical reports detailing your injuries. These can be obtained from your GP or the hospital that treated you following the accident.
- Witness details. Your personal injury lawyer may contact witnesses to ask for a statement. This could help corroborate your allegations.
- CCTV footage of the accident scene if the area was covered.
- Accident reports. If your accident happened in a public place or at work, there is a legal requirement for accident reports to be logged. These could help you prove dates, times and locations.
- A log of any costs you’ve incurred as a result of your injuries.
- Your personal statement of what happened. You’ll find this easier to do if you write it as soon as possible after your accident.
- Photographs of any visible injuries.
Take Action With A No Win No Fee Lawyer
It is quite common for claimants to delay making a compensation claim because they are worried about the cost of hiring legal representation. To reduce that worry, our panel of lawyers provide a No Win No Fee service for claims they take on. That allows you to get important access to justice with reduced financial risk.
At the start of a claim, a lawyer will need to verify that your case is strong enough to proceed. If they are happy, you’ll be given a Conditional Fee Agreement (CFA). This is your contract, and it outlines what the lawyer needs to do to get paid. It will also explain that:
- The claim can begin right away as no upfront charges are made.
- You won’t be asked to pay lawyer’s fees during the claims process.
- If your claim does not succeed, you will not need to pay the lawyer’s fees.
The only time you will need to pay your lawyer is if they win compensation for you. If that happens, they will keep a percentage of any compensation to cover their costs. This is called a success fee. You will be able to view the percentage you’ll pay before you agree to work with the lawyer as their success fee is listed in the CFA. Also, so that you can’t be overcharged, success fees are legally capped.
Speak To Our Team
As we have now explained how many personal injury claims go to court (not very many), we hope that our information has helped you decide whether you’ll start a claim. If you would like Advice.co.uk to support you with the process, you can:
You can register your interest to claim any time as our advisors as available 24 hours a day. Our personal injury claims team will do all they can to keep the process as easy as possible. When you reach out to us, they will offer free legal advice about your options. During your free telephone consultation, if it becomes clear your case has a reasonable chance of success, you could be referred to a personal injury lawyer from our panel. To reduce your financial risk, the lawyer will operate a No Win No Fee service if your claim is accepted.
We hope that we have answered the question, ‘how many personal injury claims go to court?’ in this article. Now that you have reached the end of our guide, we are going to link to some useful resources which might help you if you decide to make a claim.
Find A Court: A tool to help you locate a magistrates, family or crown court in your area.
Have You Broken A Bone?: NHS guidance that helps you understand what to do if you suspect a bone is broken.
How Court Trials Work: An explanation about how trials work. This guide relates to health and safety at work cases but is relevant for other claims too.
As Advice.co.uk can support you with different types of compensation claim, here are some more of our guides.
Unfair Dismissal Calculations: Information on how much compensation could be paid if you have been dismissed unfairly.
Claiming Against The Council: Advice on starting a claim against the local authority if they were to blame for your injuries.
Motorbike Accident Claims: Details of how you could claim if you’re involved in an accident involving a motorbike.
Please do let us know if there is any further information we can provide to help you make a claim.
Page by TE
Published by HE