How Many Personal Injury Claims Go To Court?

By Cat Troi. Last Updated 10th June 2022. Welcome to our guide, which asks, “how many personal injury claims go to court in the UK?” Personal injury claims could be made if a person is injured or becomes ill through negligence caused due to a breach of the duty of care owed to them. Personal injury lawyers could help with such claims, whether you need a court date or your case settles out of court. Here, we explain how personal injury claims that go to court work, as well as including a personal injury payouts guide for 2022 claims.

Understanding Personal Injury Cases – The Personal Injury Claims Settlement Process Explained

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How many personal injury claims go to court?

A person may want to claim compensation if they are caused by avoidable suffering. If that is the case, then a No Win No Fee solicitor could assist the claimant throughout the claims process, providing them with guidance and knowledge throughout their case.

 

 

If you wish to claim personal injury compensation, you might have questions such as ‘’how many claims go to court?’’. This is an extremely common question, and only a small percentage of claims go to court. But in the event a claim goes to court, a No Win No Fee solicitor could represent your best interests and aim to settle the case accordingly on a No Win No Fee basis.

Within this online guide covering how many personal injury claims go to court in the UK, it shall outline the relevant information regarding claims that go to court and how our solicitors could be of service. If at any point during this guide you are confused or wish to discover more about how to start court proceedings, please do not hesitate to contact a member of our team on 0800 073 8801.

Select A Section

    1. A Guide To How Often Personal Injury Claims Go To Court
    2. Why Do Only A Small Number Of Claims Go To Court
    3. Why Do Personal Injury Claims Go To Court?
    4. Personal Injury Court Proceedings
    5. Timetable For Personal Injury Claim Court Cases
    6. Do I Have Attend The Court Case?
    7. Compensation Claims Calculator 
    8. No Win No Fee Personal Injury Claims
    9. Get In Contact With Accident Claims UK To Find Our How Many Personal Injury Claims Go To Court
    10. References Related To How Many Personal Injury Claims Go To Court

A Guide To How Often Personal Injury Claims Go To Court

Are you looking to find out how many personal injury claims go to court in the UK? This is an online guide for those who wish to claim compensation after being affected by third-party negligence. In cases where negligence occurs, the affected individual may experience physical injuries, illness, or in some cases, they may experience psychological related trauma. All of this suffering could be caused by a variety of negligent actions, such as a careless road user to the misconduct of a medical practitioner.

How Does The Personal Injury Claims Settlement Process Work?

If you have little legal experience, the way the personal injury claims settlement process can work can seem daunting. In many cases, a claim for personal injury compensation will be resolved between the two parties. Maybe solicitors will have been appointed to handle the case without the court’s involvement. However, there are certain circumstances in which one or both parties may disagree with the way a case is developing, or liability may be denied. When circumstances such as this transpire, both parties will then be required to partake in a court hearing to resolve the matter accordingly. It is advisable to use a personal injury solicitor when claiming compensation. They will have the capabilities, knowledge and experience you may need for your case to succeed.

Get Answers On How Many Personal Injury Claims Go To Court

This online guide shall discuss the process if a personal injury claim goes to court and how our No Win No Fee solicitors could be of service. Please note that a majority of cases for compensation will be resolved amicably between the parties, and only a small amount of cases will require a court hearing. It is also worth highlighting that a compensation claim may be affected by a personal injury claim time limit. In most scenarios, the 3-year time limit comes into action from the moment the negligent act occurs. Alternatively, the time limit comes into action 3 years from the moment injuries caused by negligence, such as PTSD, have been officially diagnosed.

For more information on in court and out of court settlement in personal injury claims, contact our team of advisors today.

Why Do Only A Small Number Of Claims Go To Court

When claiming compensation, you might be wondering how many personal injury claims go to court in the UK? In personal injury claims, an out of court settlement is the most common course of action. However, in some cases, you may have to go to court.

If making a claim, a claimant may choose to be represented by their personal injury solicitor throughout the negotiation process. No law states a claimant must use a personal injury solicitor. During this procedure, both parties will (hopefully) come to an agreement, outlining a mutual settlement that they both accept and acknowledge. However, if a mutual agreement isn’t made, then a personal injury claim going to court is an extremely likely (yet rare) possibility.

To learn more about out of court settlement in personal injury claims, get in touch with our team. They can give you more information on going to court and how long it might take to get compensation from court.

How Many Personal Injury Claims Go To Court – Government Statistics

According to statistics published by the Government, there were 33,000 unspecified money claims made in court between January and March 2021, 74% of which were personal injury claims.

While only a small number of personal injury claims go to court, it can still be extremely helpful to hire a solicitor to help you through your claim. Contact our advisors today to find out how one of our No Win No Fee solicitors could help you.

Solicitors Check Over Claims Before Taking Them On

Before accepting a compensation claim, a solicitor will always evaluate the eligibility and validity of the claim. To give you an understanding of the personal injury claims settlement process; insimple terms, this process clarifies whether or not:

  • You have a valid claim
  • If you are entitled to compensation
  • If the claim is likely to go to court

This process may also be referred to as ‘’vetting’’, a simple risk assessment evaluating your claim in greater detail. Upon completion, this process provides a solicitor with a greater understanding of your claim and whether or not it has validity. During this process which pre-dates where the claims are settled, a solicitor will look at factors such as;

  • If you were owed a duty of care that has been breached
  • Are you still within the time restraints (also known as a personal injury claims time limit)
  • Whether other parties negligent actions are to blame
  • Did you suffer unnecessarily?

A solicitor may also want to know if you need urgent treatment and would like to claim interim payouts while your claim progresses, or have suffered financial loss and cannot pay your bills. Sometimes, it may be possible for insurers to fast track a decision if this happens and you could have compensation claims settled quickly if both sides agree.

Costs And Negotiation

Using their expertise, a personal injury solicitor can act as the voice of the claimant throughout the negotiating process, echoing the claimant’s interests and concerns. In most scenarios, both sides of the case will try and resolve the matter before the court get involved, as this reduces the costs. This may be a factor in explaining how many personal injury claims go to court in the UK. And that’s because, if a settlement cannot be agreed upon, the case is more likely to result in a trial.

Why Do Personal Injury Claims Go To Court?

If a personal injury claim cannot be settled amicably, whether this is about the financial value, complex factors, or if the opponent denies or fails to acknowledge their liability, the claim will then be taken to court. It is very rare for a personal injury claim to end up in the hands of a Court of Law, but it is an option that is worth remembering.

In most scenarios, the solicitors handling the claim will be extremely knowledgeable and have the expertise to resolve the matter accordingly. But in the event your solicitor is unable to secure an awarded settlement, and the negotiations come to a halt, the next stage shall inevitably involve the court’s involvement where the case goes in front of a judge. This process will begin with your personal injury solicitor filing the claim (if you choose to use a solicitor), which will then be in the court’s hands to resolve.

Personal Injury Court Proceedings

There are occasions when a compensation claim may require the involvement of a court to settle the matter. This is usually due to an impasse in the negotiation stage, resulting in a standstill between both parties. If neither side can come to a concluding decision, then the case might require the court’s participation. Hence you starting to understand how many personal injury claims go to court. If your claim gets to this stage, the court will then decide how your claim will proceed.

Our advisors can provide more information surrounding court proceedings and how long it could take to get compensation from court when you get in touch today.

Does A Jury Decide My Settlement?

When claims require the court’s involvement, many claimants could have concerns and anxiety’s about this process. However, there are many misconceptions regarding this process. Many people presume that a claim going into court requires them to stand in front of a room of people, who will ultimately make a decision, but this is not the case.

When a personal injury claim goes to court, it shall be presented to a judge (not a jury) who shall make a final decision regarding your injury claim. (There are slight exceptions in the case of libel and slander trials being the main exceptions). In most cases, a personal injury claim is heard in a civil courtroom, which can be a less stressful and daunting experience for the claimant.

To learn more about in and out of court settlement in personal injury cases, contact our friendly team of advisors today. They can provide free legal advice, and further information regarding your potential case.

Timetable For Personal Injury Claim Court Cases

You’ve asked “how many personal injury claims go to court”, but have you wondered about the timeframe of a case? If your personal injury claim goes to court, the proceedings may commence six to nine months after the claim has been submitted to the court. You will then be provided with a date and instructions that are designed to prepare you for court. Ensure that you and your solicitor go over the documents to ensure you are fully equipped. Make sure all of your queries have been answered ahead of time.

Questions to ask

For example, it might be worth asking;

•Are there any additional or key instructions for your specific type of case?
•Is the court accessible to those who are wheelchair-bound?
•Do you have any special requirements that need highlighting? For example, it might be worth asking if the court provides access to those who require an interpreter, special considerations, or any additional requirements.
•What do you as the claimant need to know prior to the court proceeding? Are you fully prepared to the best of your ability?

Here at Accident Claims UK, we can connect you with a representative who is best suited to your specific claim. Our solicitors have up to 30 years of experience in dealing with claims for damages caused by third-party negligence. We cover many aspects and different types of personal injury law and can help with medical negligence, accident at work, slip, trip and fall claims, CICA claims and more, and have the knowledge and experience to help you with your case.

Do I Have Attend The Court Case?

As you wonder, “how many personal injury claims go to court in the UK” let’s assume that your case reaches a trial. If your claim is valued under £25,000, then you may not be required to attend the court case, as your personal injury solicitor can represent you, your concerns, and your claim. However, if your claim exceeds £25,000, then you may be required to attend the hearing. This is largely because cases of this capacity are extremely complex. Therefore, the court may need to question your version of events before making a final decision.

Compensation Claims Calculator

There are two heads of claim you can pursue when making a personal injury claim. The first is called general damages and covers your injuries, as well as the effect they have had on your life.

The table below includes some potential figures you could receive in general damages, taken from the Judicial College Guidelines (JCG). The JCG provides guidelines, but these figures are not guaranteed. The actual amount of compensation you receive may vary.

Injury Or Illness Amount Comments on Severity
Serious Food Poisoning £9,540 to £19,200
This bracket includes cases with serious but short-lived diarrhoea and vomiting resulting in impairment to quality of life, enjoyment of food and sex life.
Less Serious Food Poisoning £3,950 to
£9,540
This bracket covers cases of food poisoning that result in stomach cramps, disruption of bowel function, fatigue, significant discomfort and cases where there has been an admission to hospital.
Moderate Brain Damage £150,110 to £219,070This bracket is for head injuries resulting in brain damage causing a personality change, intellectual impairment, damage to the senses and a significant impact on future employment prospects.
Moderate Neck Injury £24,990 to £38,490

This bracket covers injuries to the neck causing severe symptoms which may necessitate spinal fusion. There may also be a significant impairment to function and affect other parts of the body. This range can also include soft tissue injuries to the neck and back combined.
Serious Shoulder Injury £12,770 to £19,200This bracket covers a wide range of damage to the shoulder, including a fractured brachial plexus, damage to the rotator cuff, and other soft tissue damage resulting loss of grip, severe pain, loss of movement or sensation, etc. It can also include soft tissue damage that causes permanent intrusive symptoms.
Less Severe Arm Injuries £19,200 to £39,170This can include injuries that cause significant disabilities, but where the person has made a significant recovery over time.
Serious Wrist Injury £24,500 to £39,170This bracket covers wrist injuries that have some remaining movement, but where there is still significant permanent disability.
Moderate Hip or Pelvis Injury £26,590 to £39,170This bracket can involve serious damage to the hip or pelvis but does not include injuries involving permanent disability.
Very Serious Leg Injuries £54,830 to £87,890This bracket covers injuries that result in a person needing a permanent walking aid and has required extensive treatment.
Moderate Ankle Injuries £13,740 to £26,590This bracket covers injuries involving fractures and ligament damage that impair the person’s ability to walk on a certain surface, climbing stairs, walking for long periods of time, etc. with a risk of future osteoarthritis.

You may also be eligible for special damages. These cover the financial impact of your injuries and help you recoup the cost of expenses such as:

  • Loss of earnings
  • Travel to and from hospital appointments
  • Mobility aids or special equipment
  • Therapy or counselling
  • Other expenses caused as a direct result of your injuries

Our advisors can provide an estimate of what your claim may be worth, as well as further information on how long it could take to receive compensation from court, contact our expert team today.

No Win No Fee Personal Injury Claims

When claiming compensation, our personal injury solicitors are always happy to provide claimants (with a valid claim) a No Win No Fee agreement. Upon the grounds that your claim is valid, a no win no fee agreement (often referred to as a conditional fee agreement) could reduce the threat to your finances. If a solicitor accepts a case that has a successful outcome, then the claimant will be required to pay a ‘’success fee.’’ That will be subsidised from the final settlement. We can answer any such queries when explaining to you how many personal injury claims go to court.

What Happens If I Lose My Personal Injury Claim?

If your personal injury claim is unsuccessful, and you have used a No Win No Fee solicitor, you would not pay a success fee to your solicitor. This is only paid in successful claims where a No Win No Fee solicitor has represented your claim.

This is why you might find No Win No Fee claims a beneficial option when seeking compensation.

Get In Contact With Accident Claims UK To Find Our How Many Personal Injury Claims Go To Court

If you wish to make a claim, but you are unsure about the personal injury claim settlement process, please do not hesitate to get in touch. Our friendly and expert advisers can answer any questions that you might have. They can offer you free legal advice of no obligation. The number to call is 0800 073 8801 or alternatively, you can enquire online, and a member of our team will be in touch.

References Relating To How Many Personal Injury Claims Go To Court

How Many Personal Injury Claims Go To Court in the UK? FAQs

How many personal injury claims go to court without a solicitor?

It’s difficult to say how many claims go to court with or without a solicitor.  However, while it is possible for you to make a claim without legal representation, you may find it beneficial to hire an experienced solicitor.

Your solicitor can help you gather the evidence you need to support your claim. In addition, if your claim does go to court, they can use their knowledge to help you through the process.

If you would like to speak to us about the personal injury claims settlement process, we’d be happy to assist you.

Understanding personal injury claims – how long do I have to claim?

The personal injury claims time limit relating to many personal injury claims is three years from the incident date or date of knowledge. This means that you would have 3 years to begin court proceedings.

However, there are exceptions to the time limit. For instance, for those under the age of 18 and for anyone who might lack the mental capacity to claim on their own behalf.

For more information, please get in touch with our team. They can advise on whether any of the exceptions apply.

What percentage of personal injury claims go to court?

On average, it’s estimated that the vast majority of cases are settled before a trial can begin. In fact, it could be as low as 5% of cases that reach court. And of those, around 90% tend to go in favour of the claimant.

Do these figures change when the claimant wants compensation for another reason?

Not really. The same percentage seems to apply to those seeking compensation for other reasons. This is partly for the defendant to avoid paying maximum fees, especially if they’re clearly in the wrong.

What is a good settlement offer?

A typically strong settlement offer is slightly lower than what the claimant wants but justifiable in the defendant’s eyes. That allows room for negotiation, which doesn’t result in a huge rise in the expected figure. And this means a final settlement is more likely to be agreed upon.

Is it better to go to trial or to settle out of court?

It’s certainly cheaper and faster for the case to be settled out of court. But it depends on the severity of the injury. And it also depends on what the settlement offer is and whether it’s appropriate for the claimant to accept. If not, then a trial could be the eventual outcome.

Should I accept the first offer of compensation?

It’s best to not take this offer because it’s usually smaller than the subsequent offer by the defendant.

How long does a personal injury claim take to settle?

Once negotiations are underway between both sides, it could take been 3-9 months to settle for a basic injury. But this process could last much longer for more complex injury scenarios.

What happens if I lose my personal injury claim?

If this happens, you don’t receive compensation, but you also don’t pay your No Win No Fee solicitor’s legal fees.

What are the chances of winning a personal injury lawsuit?

The estimation is that the claimant is successful in around 90%-95% of cases where they present strong evidence.

What is considered strong evidence when it comes to injury claims?

Strong evidence is required to prove a personal injury claim, whether it goes to court or not. This means different things in different cases. Most personal injury claims involve accidents. For those that do, you would need proof of the accident. You’d also need to prove whose responsibility it was. This could be an employer via their duty of care towards you as an employee. Or, it could be a road user who didn’t drive according to the rules of the road, for example. This sort of evidence could include witness statements, a drawing of the scene, or photographs, and police reports in some cases.

Evidencing your injuries

Then you would need to prove your injuries resulted from the accident. You might have sought medical attention right away, which would be a good thing. However, a record of your treatment or advice from a medical professional would not usually be enough for a claim. Instead, you’d need to see an independent medical expert during the course of your claim. They would assess your condition and write a medical report. Your solicitor could use this to help you get the maximum compensation possible for your claim.

Finally, evidence pertaining to the losses and costs you’ve incurred due to the accident and your injuries could be vital in securing the compensation you deserve. If you have lost out on income through being unable to work, your payslips could prove this. Should you have incurred costs relating to medical treatment, or travel due to your injuries, bank statement and bills or receipts could prove this.

How many personal injury claims go to court for fatal workplace accidents?

Sadly, some people perish as the results of workplace accidents. While we cannot give you insight into the number of personal injury claims this results in, we can give you some statistics relating to fatal accidents in the workplace. In 2020/2021, according to the HSE statistics, there were 142 people killed at work in work related accidents. You can see the causes of such accidents in the graphic below.

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Have you lost a loved one in a fatal workplace accident? Whether your case goes to court or not, solicitors, authorised and regulated by the Solicitors Regulation Authority, from our team could assist in helping you claim compensation. We understand that there would be no compensation that could make up for the loss of a loved one. However, in some cases, compensation settlements could help cover funeral expenses. They could also help to secure your family’s financial future if you have lost out on financial support because of your loved one passing.

How many personal injury claims go to court without a lawyer?

It may surprise you to learn that you do not need legal representation to make personal injury claims. However, even if there is a chance that your case would not go to court, having a lawyer on your side could be beneficial. This is because they could have the knowledge and experience to build a strong case for compensation on your behalf. They could also handle the negotiations for your compensation settlement.

Where can I find a personal injury payouts guide for 2022 claims?

In the compensation section of this page, you will find a personal injury payouts guide for 2022 claims. The figures have been taken from the latest edition of the Judicial College Guidelines, which was released in April 2022. When you look at the table, please keep in mind that these are only rough figures. They only relate to general damages too. General damages seek to reimburse you for any financial losses incurred as a result of your injuries.

When you pursue personal injury claims that go to court, or even those that don’t, there could be other damages included within your settlement. You could receive compensation for the physical and emotional effects of your injury including the impact the injury had on your quality of life.

In addition, financial costs and losses sustained because of your injury could be included too.

Do personal injury claims that go to court attract a higher level of compensation?

It is not necessarily the case that personal injury claims that go to court attract more compensation. The compensation a claimant receives is based on the facts and circumstances of the case, not whether the claim is heard in court. 

Where can I get further information on personal injury claims that go to court?

If you want more information on personal injury claims that go to court, why not call our team. We could offer further guidance specific to your case over the phone.

Thank you for reading our guide that asks, “how many personal injury claims go to court in the UK?”