How Many Personal Injury Claims Go To Court?

How many personal injury claims go to court

Personal injury claim going to court

By Mark Anderson. Last Updated 5th March 2021. Welcome to our guide, which asks, “how many personal injury claims go to court?” 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.

A person may want to claim compensation if they are caused by avoidable suffering. If that is the case, then a no win 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 some 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.

Within this online guide, 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, 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
    10. References

A Guide To How Often Personal Injury Claims Go To Court

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.

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.

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. It is worth highlighting 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 claims 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.

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? There are a very small number of claims that require the input of a court to make a finalised decision. In most scenarios, the representatives of claimants, between themselves, will come to a final decision.

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.

We have looked at statistics published by the Government with regards to the number of money claims that have been heard in a court in England and Wales between January and March 2020. For the same period of January to March 2019, there was a decrease on the following year in the amount of County Court claims by 9% to 489,000. Of these, 430,000 were specified money claims (down 8% on the same period in 2019). In addition, it was stated that unspecified money claims were down, meaning that the decrease in claims was driven by a decrease in personal injury claims (down 11% to 27,000).

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. In simple 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, 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?

Costs And Negotiation

Using their expertise, a personal injury solicitor can act as the voice of the claimant throughout the negotiating process, echoing their 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. 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. 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.

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.

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 and all of your queries have been answered ahead of time. 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 experiences in dealing with claims for damages caused by third-party negligence. We cover many aspects and different types of personal injury law 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” 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

Injury Or Illness Amount Comments on Severity
Serious Food Poisoning £8,950 to £18,020This 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 £3,710 to £8,950This 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 £140,870 to £205,580This 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 £23,460 to £36,120This 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 £11,980 to £18,020This 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 £18,020 to £36,770This can include injuries that cause significant disabilities, but where the person has made a significant recovery over time.
Serious Wrist Injury £22,990 to £36,770This bracket covers wrist injuries that have some remaining movement, but where there is still significant permanent disability.
Moderate Hip or Pelvis Injury £24,950 to £36,770This bracket can involve serious damage to the hip or pelvis but does not include injuries involving permanent disability.
Very Serious Leg Injuries £51,460 to £85,600This bracket covers injuries that result in a person needing a permanent walking aid and has required extensive treatment.
Moderate Ankle Injuries £12,900 to £24,950This 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.

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.

Get In Contact With Accident Claims UK

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 and 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

Citizen’s Advice – Claiming compensation for a personal injury
Justice.Gov – How to start proceedings
Clinical and Medical Negligence Claims – What is classed as medical negligence?
Assaulted At Work – I was assaulted at work – can I claim compensation?
Car Accident Claims – How to begin your road traffic accident compensation claim

How Many Personal Injury Claims Go To Court? FAQs

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.

Article by MB

Edited by MM.

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