How Often Do Personal Injury Claims Go To Court?
What Percentage Of Injury Claims Go To Court?
Pursuing a personal injury claim can be a way to gain compensation for an injury that wasn’t your fault. You shouldn’t have to suffer due to someone else’s negligence, so receiving compensation could be a way to help you get your life back on track. However, the possibility of a personal injury claim going to court can be daunting for many people. Therefore, you may wonder ‘How many claims go to court?’
Thankfully, few personal injury claim cases do make it to court. However, it can be helpful to take a look at what kind of personal injury claims make it to court and why. You may find comfort in knowing that most claims are settled out of court, but this guide could be helpful in exploring whether your potential claim could go to court.
Claimants may decide to go to court if they believe they could receive a greater settlement by doing so, or because the defendant and claimant can’t agree on a compensation settlement. This is why many claimants find it helpful to work with an experienced personal injury solicitor. A personal injury lawyer can advise claimants on the pros and cons of an out-of-court settlement and what court proceedings entail.
Before you read this guide, you may have questions such as:
- How many personal injury claims settle?
- Which court hears personal injury claims?
- Do all personal injury claims have to go to court?
This guide will answer all these questions to inform and reassure you if you decide to make a personal injury claim.
Get In Touch With Our Team
If you’d like to learn more about the number of claims that go to court, you can get in contact with our friendly team of advisers. They can offer you free legal advice (available 24/7) regarding your injuries and whether your claim is likely to be settled out of court.
Once they’ve got to know more about your situation, they could connect you with our panel of personal injury lawyers who can discuss No Win No Fee agreements with you.
You can contact our team of advisers by:
- Giving them a call on 020 3870 4868.
- Using our claim online form. An adviser will get back to you at your earliest convenience.
- Chatting with them through our live chat pop-up box for an instant reply.
Services And Information
- Everything You Need To Know About How Many Claims Go To Court
- What Are Personal Injury Claims?
- Do Personal Injury Claims Have To Go To Court?
- How Many Claims Go To Court?
- Personal Injury Claims Compensation Calculator
- What Happens When A Personal Injury Claim Goes To Court?
- What Should I Do If My Claim Goes To Court?
- How Much Time Do I Have To Make A Personal Injury Claim?
- I Suffered A Personal Injury, What Should I Do?
- Do You Handle Personal Injury Claims On A No Win No Fee Basis?
- Other Information
- FAQs About Personal Injury Claims
Everything You Need To Know About How Many Claims Go To Court
This article will explore how many claims go to court, as this is a commonly asked question from claimants. First, there will be a section discussing what personal injury claims are and whether they have to go to court.
There will also be a discussion about how your solicitor will check your claim is valid before pursuing the personal injury claim, as well as how out-of-court settlements could reduce costs.
Next, there will be a compensation table including figures showing how much claimants could receive for their injuries. This is purely for example purposes and varies depending on each individual case.
There will then be a section talking about what happens when a personal injury claim goes to court, discussing aspects such as how settlements are decided and whether claimants have to attend the court hearing.
Furthermore, the guide will offer advice about what you should do if your claim goes to court. Many claimants worry about the personal injury claim process and what the court process can be like, so this guide aims to inform you.
Finally, the article will explore personal injury claim time limits, telling you how much time you have to make a claim. There will also be a section explaining No Win No Fee agreements and how our panel of personal injury solicitors works with claimants on this basis.
What Are Personal Injury Claims?
A personal injury claim seeks to gain you compensation after suffering an injury that wasn’t your fault. You may have suffered an accident in a public place, workplace, or road traffic accident due to no fault of your own. We believe you shouldn’t have to suffer due to someone else’s negligence, and that pursuing a personal injury claim can be a form of rectification.
In order for you to file a personal injury claim, you must provide evidence to support your claim that your injuries weren’t your fault. You will also need to show that your injuries were as severe as you state they were so you can receive the maximum amount of compensation you’re owed.
Many people wonder ‘How many claims go to court?’ as this isn’t something a lot of claimants desire. You’ll be happy to know that only a small percentage of personal injury claims actually go to court.
However, it’s important to be prepared in case your claim does have to go to court, as you should make sure you leave with the highest amount of compensation you deserve. UK lawyers work to help claimants receive this compensation.
The Civil Justice Statistics Quarterly reveals that, for unspecified money claims (those that went to court for the court to decide a settlement on), 84% were personal injury claims from April to June 2020. However, only a small amount of personal injury claims make it to court.
Do Personal Injury Claims Have To Go To Court?
‘Do injury claims go to court?’ is a question our advisers are familiar with. Some personal injury claims go to court, but the majority of small claims are settled out of court. There are usually specific reasons that some personal injury claims make it to court, which are:
- Parties fail to agree to a compensation settlement: If the defendant disagrees that the claimant should receive the compensation figure they are asking for, the case may have to go to court. This is so a judge can look at the case and decide how much compensation the claimant should receive.
- The defendant isn’t responding to the claim: Sometimes, the defendant fails to respond to a personal injury claim at all. In this case, the claim will have to go to court to ensure the defendant attends court hearings and you receive the compensation you’re owed.
As stated above, only a small amount of personal injury claims go to court, but you should be prepared in case it happens. If you’d like more advice, you can contact our team of advisers who can offer you free legal advice about your situation.
How Many Claims Go To Court?
One of the reasons that not many claims make it to court is that it may not be necessary for straightforward cases. If a small claims settlement can be handled outside of court, this is preferred by most solicitors, defendants, claimants, and judges as it can be less complicated.
Will A Solicitor Check My Claim Is Valid?
Yes. Before taking on your claim, a personal injury lawyer will assess your situation to see if your claim is valid. They will do this by:
- Ensuring that you are making your claim within the correct personal injury claims time limit.
- Checking that the defendant is at fault for your injuries.
- Figuring out if the defendant had a duty of care to safeguard and protect you.
- Ensuring you have or can obtain sufficient evidence to prove your injuries were caused or worsened due to the defendant’s negligence.
It’s vital for personal injury solicitors to check that your claim is valid. Solicitors will only take on your case if you’ve suffered an injury that wasn’t your fault, or where you were partially at fault.
How Out-Of-Court Settlements Could Reduce Costs
An out-of-court settlement can be less expensive than if a personal injury claim goes to court. This is why all parties generally try to resolve the case quickly and efficiently. Taking a claim to court can be expensive due to:
- Court fees: There are varying fees that all parties may have to pay if they take a personal injury claim to court.
- Paying a barrister: If you use the services of a barrister, they may charge a lot of money and be paid hourly.
- Preparation work: Taking a claim to court means a lot of paperwork and preparation should be done.
Personal Injury Claims Compensation Calculator
Some guides offer a personal injury calculator; however, though they can be helpful, they’re not necessarily always accurate. This is because every injury and situation is unique, so not everyone’s compensation amounts are the same.
Below we’ve added a compensation table using figures from the Judicial College Guidelines (JCG). The JCG is a regularly updated publication solicitors may use to value injuries. It contains parameters of recommended amounts for various injuries.
| Injury: | Severity: | Notes: | Compensation: |
|---|---|---|---|
| Leg Injuries | The Most Serious Injuries Short of Amputation | Some injuries don’t require amputation, but are still so severe that awards are of a similar level. Injuries include extensive degloving of the leg, significant shortness of the leg, or where fractures haven’t united. | £90,320 to £127,530 |
| Leg Injuries | Very Serious | Complicated or multiple fractures and severe crushing injuries, usually to a single limb. The level of awarded bracket depends on the extent of treatment. | £26,050 to £36,790 |
| Injuries to the Pelvis and Hips | Severe | Fractures to the pelvis involving, for example, dislocation of lower back joint, accompanied by a ruptured bladder. | £73,580 to £122,860 |
| Injuries to the Pelvis and Hips | Moderate | Severe injuries to pelvis and hips, but no permanent disability and low risk of future damage. | £24,950 to £36,770 |
| Knee Injuries | Severe | Disruption of joint, development of osteoarthritis, long treatment, and considerable pain and suffering. | £65,440 to £90,290 |
| Knee Injuries | Moderate | Dislocation and torn cartilage resulting in minor instability, wasting, weakness, and other mild disability. | £13,920 to £24,580 |
| Ankle Injuries | Very severe | Transmalleolar fracture of the ankle with severe soft-tissue damage resulting in deformity and a risk that future damage to the knee may result in below-knee amputation. | £46,980 to £65,420 |
| Ankle Injuries | Moderate | Fractures and ligamentous tears causing less severe disabilities such as difficulty walking on uneven ground and walking or standing for long periods of time. | £12,900 to £24,950 |
| Back Injuries | Severe | Damage to spinal cord and nerve roots leading to severe disability. | £85,470 to £151,070 |
| Back Injuries | Moderate | Any disability is less severe. An example is a compression/crush fracture of the lumbar vertebrae with substantial risk of osteoarthritis and consistent pain and suffering. | £26,050 to £36,390 |
General damages are compensation for the actual injury and the mental and physical impact it has had on your life. The awarded bracket for general damages depends on the severity of your injury and how long your treatment lasts.
Special damages are compensation for how much impact the injury has had on you financially. For example, if your injuries prevented you from going on holiday so you lost your holiday deposit, you could recover the costs.
You’d need to provide evidence to receive special damages. For example, bank statements could prove you paid for the prescription medication you had to take due to the injury.
What Happens When A Personal Injury Claim Goes To Court?
If the defendant denies liability or you and your personal injury solicitor (if you choose to use the services of one) don’t believe you’ve received the maximum amount of compensation you’re owed, your claim may proceed to court.
The court will then inspect your claim and decide if it wants to go forward with it. If it does proceed with your claim, the court will then send court dates and proceedings to all parties involved.
However, solicitors may still continue personal injury negotiation tactics whilst waiting for a court date. It’s possible to achieve an out-of-court settlement right up until the court date, so negotiations could continue between the parties.
How Are Settlements Decided?
Personal injury claims (that aren’t settled out of court) take place in a civil courtroom, so there’s no need for a jury to be present. Your personal injury solicitor and the defendant will put both cases forward, and the judge will look at the evidence to decide who’s at fault. If the defendant is found guilty, your personal injury compensation amount would usually be decided by the court.
Will I Have To Go To The Court Hearing?
Generally, the claimant isn’t required to attend the court hearing. However, you may be expected to answer questions about how your injury was sustained. You may be asked questions regarding your statement by the representative of the defendant, as well as by your own representative.
What Should I Do If My Claim Goes To Court?
How many claims go to court? Well, as we’ve established, not many. However, it’s important to prepare yourself in case your personal injury claim does make it to court. In this case, the court will set the dates and inform you of any documents and information you should provide to support your claim. If you choose to use the services of a solicitor, they could help you with this.
You should ensure you have as much sufficient evidence as possible to support your claim that the injuries you sustained weren’t your fault. An independent medical assessment could help with this.
For general damages, you could provide medical evidence to convey the severity of your injury and how long your treatment took.
For special damages, evidence could be bus tickets to prove you travelled to and from medical appointments.
If you need more advice about making a claim and what evidence you should provide, you can contact our friendly team of advisers who would be happy to offer free legal advice and assess how much compensation you could receive for your injury.
How Much Time Do I Have To Make A Personal Injury Claim?
Generally, the personal injury claims time limit is three years. That’s three years from the date you suffered the injuries or three years from when you gained knowledge that the injuries were due to someone else’s negligence.
If you’re under 18, the three-year time limit begins on your 18th birthday. If you’d like to begin the personal injury claims process earlier, a friend/family member can act as a litigation friend to pursue the claim for you.
Similarly, if you lack the mental capacity to claim, the 3-year time limit is suspended until you begin your recovery and regain capacity. However, before this, someone you trust can become a litigation friend to file the claim for you.
If you’d like any more advice on personal injury claims or you’re still wondering how many claims go to court, our team of advisers are available to offer free legal advice. You can get in contact with them today to begin the personal injury claims process.
I Suffered A Personal Injury, What Should I Do?
If you’ve suffered a personal injury due to someone else’s negligence, you should obtain as much evidence as possible. This could include:
- Images of your injuries
- CCTV footage
- Witness contact details for statements later
- Medical records
This evidence could help to support your claim.
You should also collect financial evidence to support your claim. Special damages are awarded to compensate for the financial impact your injuries have had on your life, but you can’t receive them without evidence. You could provide bank statements or receipts to prove you had to spend money due to your injury.
Finally, you could contact a solicitor to help you make your claim. Our team of advisers are on hand 24/7 to offer you free legal advice regarding your claim, so don’t hesitate to contact them if you need more information on how many claims go to court.
Do You Handle Personal Injury Claims On A No Win No Fee Basis?
Our panel of personal injury solicitors are happy to discuss No Win No Fee agreements with claimants. A No Win No Fee agreement is a contract between you and your lawyer whereby you only pay your solicitors fees if your case succeeds.
If your case fails, you don’t have to pay any of the fees your solicitor has worked for. If your case succeeds, your solicitor will deduct a legally capped, small percentage from your compensation. This percentage will be discussed with you before you start to make a claim and is to reimburse your lawyer for their hard work.
If you’d like to learn more about No Win No Fee agreements and discuss pursuing a personal injury claim, you can contact our team of advisers by:
- Calling them on 020 3870 4868. An adviser will be available 24/7 to offer free legal advice.
- Using our claim online form. An adviser will respond at whatever time suits you.
- Chatting with an adviser through our live chat pop-up box to receive an immediate response.
If you do decide to chat with an adviser, you’re not obligated to continue with our services. However, if you’d like, an adviser can connect you with our panel of personal injury solicitors after learning more about your situation. Our panel of personal injury lawyers can then discuss No Win No Fee agreements with you.
Other Information
An Employer’s Responsibilities Following a Workplace Accident: Have you recently suffered an injury due to your employer’s negligence? Our guide discusses your employer’s duty of care to safeguard and protect you from a workplace accident.
A Guide To Self Employed Accident At Work Claims – Am I Eligible To Claim? – How To Claim?: If you’re self-employed and have sustained a work-related injury that wasn’t your fault, our article explores how you can make a claim.
What Happens If I Am Hit By An Uninsured Driver? – Uninsured Motorist Compensation In The UK: Have you suffered injuries from a car crash that wasn’t your fault? Our guide explains how you could make a personal injury claim against an uninsured driver to receive compensation.
How Do I Know If I’ve Broken A Bone?: If you’re concerned you may have sustained a broken bone injury, this NHS guide includes the signs and treatment for a fractured bone.
Osteoarthritis: Are you worried your injuries may have led to the development of osteoarthritis? This NHS article explains the symptoms, causes, diagnostic criteria, treatment, and prevention of osteoarthritis.
Report A Problem With A Pavement: You may have suffered an injury in a public place because of faulty paving. You can report problems with pavement through this government site.
FAQs About Personal Injury Claims
The accident made an existing injury worse, could I claim?
in certain circumstances, yes. You could make a personal injury claim if you already had an existing injury/condition and someone else’s negligence has caused it to worsen.
Can I claim for another person?
If someone is under 18 or lacks mental capacity, certain people can become a litigation friend to make the claim on their behalf.
Do I need to use a solicitor near me?
No. Our panel of personal injury solicitors don’t require a meeting in person, as you can discuss the claim over the phone or video call.
How long will my claim take?
If the claim is simple and straightforward, it can usually be resolved relatively quickly. However, more complicated cases could take longer.
Thank you for reading our guide on how many claims go to court.
Writer HL
Checked by HT
