How many personal injury claims go to court? What do I need to do if the other party refuses liability? Do I have to attend my court hearing?
If you suffered a personal injury that you believe was caused by the negligent actions of someone else, you might be looking for answers to these questions. But the prospect of appearing in court can be frightening, and it may discourage you from seeking the compensation you are owed.
If so, this guide aims to explain how many claims need to proceed to trial, and what you can expect from a typical personal injury claim process.
Compensation could cover both the physical and financial harm that you suffered after an injury. It can address the costs of medical treatments and time missed from work. So rather than allow apprehension about going to court to stop you from seeking the compensation you may be owed, read the sections below to learn more.
Alternatively, you can connect with our dedicated team of advisors to learn more right now. Contact us today by:
- Calling us on 0330 0433679
- Making a claim online
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How Many Personal Injury Claims Go To Court?
The majority of personal injury claims do not go to court. In fact, most are settled before this is necessary, in part due to the Pre-Action Protocol.
These are a series of steps that provide both sides with an approximate schedule and time frame for the case. They also require both sides to fulfil certain duties to settle their dispute before the time and expense of a court appearance.
One of the benefits of working with a solicitor on your claim is that they can fulfil the Pre-Action Protocol on your behalf. Contact our team today to learn more about how many personal injury claims go to court, and how a personal injury solicitor from our panel could help you.
What Happens If My Personal Injury Claim Goes To Court?
There are a number of reasons why a personal injury claim might go to court. For example, if the other party refuses to accept liability, or if they don’t make an acceptable offer for compensation, then the claim may need to be assessed by a judge.
First, a claim form will be submitted, which will include all the relevant information about your case. This will include information on your financial losses like lost earnings, the physical effects of your injuries, and any evidence you have.
Once the defendant has been informed, they will usually have twenty-eight days to respond. After that, the court will decide a ‘track’ for your claim to follow, and proceedings will begin. These ‘tracks’ include:
- Small Claims Track – This applies to compensation claims that are likely to be valued at up to £1,500 (unless it is a road traffic accident valued at up to £5,000).
- Fast Track Claims – These are cases where the compensation claim is likely to be worth between £1,500 (£5,000 for car accidents) and £25,000.
- Multi-Track Claims – This is reserved for compensation cases that are valued at more than £25,000.
The timetable set by the courts needs to be followed by both sides. A date will also be provided for a court hearing if an agreement cannot be reached.
Will I Have To Attend My Personal Injury Case In Court?
Whilst a court hearing is rare, you should be prepared for the possibility. Most people attend their court hearings, but this isn’t always necessary.
You may not be required to attend the hearing, particularly if you are still suffering disability from the injuries or are unable to work, or if your case is on the small claims track and the judge decides that no court hearing is necessary.
However, if your case is a multi-track claim or a fast-track claim, then you may need to attend your hearing. This is so the judge, your barrister, and the other party’s representative can ask you questions and examine your statement.
To learn more about whether or not your claim is likely to go to court, or to find out how a solicitor from our panel could help present your case, contact us today.
How Do I Make A Personal Injury Claim?
It isn’t mandatory to work with a solicitor on your case. However, it can make the process feel less stressful, especially if you’re worried about your claim going to court.
A solicitor can use their years of experience and training to guide you through the Pre-Action Protocol and can talk you through the process step by step if your claim does go to court. For example, a solicitor can help:
- Ensure your claim is filed within the time limit
- Collect evidence to prove your claim
- Communicate with the other party
- Prepare your case for court
- Negotiate a compensation payout
It may be the case that a solicitor from our panel can represent you through a kind of No Win No Fee contract called a Conditional Fee Agreement (CFA).
Under an agreement like this, you don’t need to pay upfront fees to your No Win No Fee solicitor for them to start work on your case. Also, you avoid any ongoing fees for services provided moving forward. If your personal injury claim is unsuccessful, then you won’t pay for their work.
In cases that see a positive outcome, a small percentage from the compensation award is deducted by your solicitors. This is known as a success fee.
Contact Us For Free To See If You Could Make A Claim
We understand that the personal injury claims process can seem complex, and our advisors are here to help. Get in touch today to start your free consultation, and a member of our team can answer any questions you might have about making a claim.
Plus, if they find that your case is valid, they may connect you with a No Win No Fee solicitor from our panel.
Get started now by:
- Calling us on 0330 0433679
- Making a claim online
Learn More About Claiming Personal Injury Compensation
In addition to seeing how many personal injury claims go to court, these other guides offer more:
- Read about making a workplace injury claim here.
- See what can apply for accidents in public places caused by others.
- Also, road traffic accident claims are discussed in this guide.
Some external resources:
- Read about when to call 999 with information from the NHS
- Some recent road accidents and safety statistics from GOV.UK
- Lastly, guidance on how to prevent slips and trips at work from the Health and Safety Executive (HSE).
