Personal Injury Claim Going To Court UK?
Understanding Personal Injury Claims
What is a Personal Injury Claim?
A personal injury claim is a legal process where an individual seeks compensation for physical or psychological harm caused by another person’s or organization’s negligence or wrongdoing.
These claims can arise from various situations, such as accidents, medical malpractice, product liability, or workplace injuries.
The primary goal of a personal injury claim is to obtain fair compensation for the harm suffered. This compensation can cover medical expenses, lost wages, pain and suffering, and other related costs.
Personal injury claims are essential for holding the responsible parties accountable and ensuring that victims receive the support they need to recover.
Common Types of Personal Injury Claims
Personal injury claims can be categorized into several types, each with its unique circumstances and challenges:
- Road Traffic Accidents: These claims arise from car, motorcycle, or pedestrian accidents. They often involve complex liability issues and require thorough investigation to determine fault.
- Workplace Accidents: Claims resulting from injuries or illnesses sustained in the workplace. These can include accidents due to unsafe working conditions or failure to follow safety protocols.
- Medical Negligence: Claims related to substandard medical care or treatment. These cases often involve proving that a healthcare provider failed to meet the standard of care, resulting in harm to the patient.
- Product Liability: Claims arising from defective or faulty products. These can include anything from malfunctioning machinery to harmful consumer goods.
- Slip, Trip, and Fall Accidents: Claims resulting from accidents caused by hazardous conditions or obstacles. These often occur in public places or private properties where safety measures were not adequately maintained.
Why Do So Few Claims Go to Court?
First of all it is important to recognise that the vast majority of personal injury claims never go to court.
The overwhelming majority of personal injury claims are finalised without the need to go to court through a process of negotiation between the Claimant’s solicitor and the Defendant’s representatives or the defendant’s insurance company. Compensation claims settled out of court are often quicker and more cost-effective, benefiting all parties involved.
- It is often reported that only 5% or so of all personal injury claims make it to a final hearing.
- Out-of-court settlements are often preferred by the Defendant’s insurer on the grounds it is quicker, less costly and for the Claimant it is less stressful.
- In addition, an out of court settlement allows both the Claimant and the Defendant to side-step the uncertainties of a trial and can provide the Claimant with a more certain outcome.
- The main reason the Defendant’s insurer is interested in settling has to be the fact that in general terms the longer the claim continues the more it costs them.
- If the insurers decide that the defendant’s chances of successfully defending the claim are low then they will be keen to explore offers in settlement with a view to finalising matters without issuing court proceedings.
Why Is My Personal Injury Claim Going to Court?
Understanding the ins and outs of a personal injury claim can feel overwhelming, but knowing the process can help ease your concerns. Let’s break it down into clear, actionable insights that not only inform but also give you confidence as you progress through the claims process.
It is probably a good idea again to stress it is only a small minority of compensation claims which possess characteristics that may well predispose these claims towards a personal injury court case. Fatal accident claims are an example of serious cases that may require court hearings.
Most compensation claims proceed to a final Court Hearing if there is a fundamental dispute in relation to liability and where the Claimant’s liability arguments are perceived to be weak.
There can also be a dispute over the value of the personal injury compensation claim or the financial losses claimed so the parties go to court.
So what sort of personal injury claim will go to court?
Liability Disputes and the Chances of Success?
If the Defendant’s insurer (rightly or wrongly) perceive that the chances of the Claimant succeeding with the claim are low then they may well dig their heels in and refuse to put forward any offer in settlement of the claim.
It has to be emphasised this situation is very unusual as if a claim is being brought the Claimant’s solicitor will have carefully assessed liability issues right at the start. It follows the claim will only proceed if the instructing solicitor has arrived at the firm initial opinion the claim has merits and is likely to succeed.
If the Defendant’s insurer does end up denying liability then this leaves the Claimant at a crossroads deciding whether to discontinue the claim or to pursue it to a final hearing with a view to inviting the trial judge to find in the Claimant’s favour.
Having experienced personal injury lawyers is crucial in navigating liability disputes and assessing the merits of the claim.
If circumstances such as these arise the Claimant will be very heavily reliant upon their solicitor’s knowledge and experience and ability to assess liability in a realistic and independent way.
If the insurers deny liability then there needs to be very careful consideration about whether starting court proceedings is appropriate.
The claimant’s solicitor needs to be able to accurately weigh up all the evidence and the merits of the claim and arrive at a final view about prospects.
Claiming compensation is easy but when liability is denied the Claimant is very much reliant upon their injury solicitors:
- Judgement,
- Knowledge of the law,
- and probably most importantly of all the experience.
The Defendant’s or Insurer’s Failure to Respond to Allegations
It may be necessary to start court proceedings if you encounter an unresponsive defendant who fails to reply to correspondence.
As long as the correct time scale is provided to the Defendant together with a medical report court proceedings can be commenced to keep the momentum going. Most compensation claims are settled out of court, even if there are initial delays in response from the defendant or insurer.
In our experience once personal injury court proceedings have been issued very often the Defendant will decide to finally respond so that the compensation claim can then be either settled out of court or if necessary dealt with at a trial date.
Interim Payments and Personal Injury Court Hearings
In some instances it will be appropriate to invite the other side to claim interim payments for say the private costs of urgent treatment.
A knowledgeable and experienced personal injury team can play a crucial role in securing interim payments and effectively navigating court hearings.
If the insurer fails to respond positively or ignores the request then the Claimant is able to issue court proceedings to apply pressure for an interim payment. If the Defendant fails to engage then a court hearing will take place to determine the issue.
If an interim payments application is heard by the court then the Claimant need not generally attend court although a witness statement in support will be required.
Will I need to Attend Court Hearing in Person?
On the rare occasion where the personal injury claim is not settled out of court and proceeds to a final hearing, then it’s usually necessary for the Claimant to go to a civil courtroom to give oral evidence, especially in personal injury cases.
In cases where the defendant admits liability and it’s just a question of the court determining the quantification of the claim then in certain circumstances and for “fast track claims” (lower claim value personal injury claims), the evidence is submitted on paper and the Claimant does not need to attend at all.
In terms of “Multi Track Claims” (high value personal injury case), or where the defendant denies responsibility then the Claimant and Defendant will have submitted statements as part of the claims process. The parties will generally need to attend a formal court hearing so that they are in a position to present their evidence orally with their legal teams.
This enables the Trial Judge to assess the parties credibility and their evidence generally. The parties are able to respond to questions posed by the court and the other party’s legal team to clarify their evidence. This also enables the court to understand the full context of the parties’ evidence and arrive at an informed and balanced decision.
Of course it is natural to be worried about the prospect of having to give evidence at court but in the unlikely event this happens your will be in a position to talk through the process so that you know what to expect and answer any concerns.
The Court Proceedings Process
Steps Involved in Court Proceedings
While most personal injury claims are settled out of court, some cases may require court proceedings. The court proceedings process involves several steps, each crucial for ensuring a fair and just outcome:
- Issuing a Claim: The claimant’s solicitor files a claim with the court, outlining the details of the case, including the injuries sustained and the compensation sought. This step formally initiates the legal process.
- Serving the Defendant: The defendant is served with the claim, and they must respond within a specified timeframe. This ensures that the defendant is aware of the allegations and has an opportunity to prepare a defense.
- Pre-Action Protocol: The parties engage in pre-action protocol, which involves exchanging information and attempting to settle the claim without going to court. This step aims to resolve the dispute amicably and avoid the need for a trial.
- Directions Hearing: If the claim is not settled, the court holds a directions hearing to set a timetable for the case and determine the next steps. This hearing helps streamline the process and ensures that both parties are prepared for trial.
- Trial: If the claim is not settled, the case proceeds to trial, where a judge or jury hears evidence and makes a decision on liability and compensation. This is the most critical stage, where both parties present their arguments and evidence.
- Judgment: The court delivers a judgment, which may include an award of compensation, costs, and other remedies. This final decision resolves the case and determines the outcome for the claimant and defendant.
It’s worth noting that court proceedings can be lengthy and complex, and it’s essential to have specialist personal injury solicitors to guide you through the process. Their expertise can make a significant difference in the outcome of your personal injury claim, ensuring that you receive the compensation you deserve.
We’re Here for You……
Please feel free to Contact Us to discuss any aspect of your personal injury claim – we would love to help take things forward for you 🙂
For a free, no obligation discussion about Your Personal Injury Claim, simply either call us now on 0800 652 0586, email us on [email protected], or complete a Free Online Enquiry and we will explain all of the options available to you.
