Will My Injury Claim Go To Court?

Although the vast majority of personal injury claims are resolved outside of court, there are some situations where we must take your case to court in order to achieve the best possible result.

Why might an injury claim go to court?

Reasons  to take your claim to court include:

Difficult Cases
Cases which can prove to be difficult to settle outside of court include:

● Head and brain injuries

● Serious road traffic accidents and motorcycle injuries

● Serious work injury claims

● Serious industrial disease claims

● Claims involving injuries to children

● Fatal accident claims

Denial of liability
If the other party denies responsibility for causing your accident or injuries,  we will start court proceedings.

Immediate payment
If your injuries mean that you need to pay to have urgent treatment, or have been left unable to afford everyday living expenses, your solicitor can apply to the court for immediate payment.

Will I need to attend court?

In most instances you will not be required to attend court, however, if its a high-value case it or liability is disputed it is a possibility.

Fast Track Cases: If your claim is estimated to settle between £1000 – £25,000, this is known as a ‘fast track case’.

Multitrack Cases: If the estimated value of your claim is over £25,000, this is known as a ‘multitrack case’.

Is it possible to settle out of court after court proceedings have started?

There is a very good chance that your claim may settle out of court even after proceedings have commenced. Only a small number of cases that are started at court proceedings to a court hearing. Usually, neither party involved in the claims process wants to go to court, due to the increased legal fees, the time required and the risks of an adverse decision.

Why are compensation claims settled out of court?

Compensation claims are settled out of court as solicitors follow what is known as the ‘Personal Injury Pre-Action Protocol’ when handling claims. The pre-action protocol works by encouraging both parties to share information on the case at an early stage, This helps the parties settle out of court.

What is the personal injury pre-action protocol?

Step 1 – Early Notification of claim: The first step of the process requires the claimant’s legal representative to notify the defendant as soon as the claim is made.

Step 2 – Sending a letter of claim: This is a letter which is sent to the defendant to outline the precise nature of the claim including details such as what injuries were sustained by the claimant and any financial losses incurred.

Step 3 – Preliminary response: After the letter of claim has been sent the defendant has up to 21 days to issue a response. This is the defendant’s opportunity to include any information relating to the claim that they feel is missing and of importance to the outcome of the case.

If the defendant fails to respond then court proceedings can begin.

Step 4 – Investigation: The defendant now has up to three months to investigate the claim and to admit or deny liability.

Step 5 – Financial Damages: The claimant is required to send the defendant a Schedule of financial losses suffered, such as loss of earnings, with supporting documents related to the claim.

Step 6 – Experts Reports: External experts such as doctors are used to provide a full medical report and assessment of the claimant’s illness or injury. The protocol encourages the claimant and the defendant’s legal team to appoint a mutually agreed expert.

Step 7 Rehabilitation: The claimant might need to have rehabilitation treatment, to help them to recover from their injuries. Both parties are expected to follow the Rehabilitation Code.

Step 8 – Admission of Liability: If the defendant admits liability the claimant is required to delay any proceedings for 21 days, during this time period both parties must consider a settlement.

If you have suffered an injury or illness due to the negligent actions of someone else, contact us today for a free, no-obligation assessment of your case.

Call us on 01904 527430 or submit your details and we will call you back at a time that is suitable for you.