How Many Personal Injury Claims Go To Court?
By Daniel Archer. Last Updated May 9th 2022. Even when you are trying to recover damages or compensation that you are legally entitled to claim, the phrase ‘court proceedings’ can be enough to send a shudder down many people’s spines. Being told that you are going to court for a car accident settlement in the UK can conjure up images of court cases from TV shows and movies.
However, if you do find yourself in this situation, our panel of personal injury lawyers are here to help. To get a free consultation and see how they could help you get the compensation you deserve, please get in touch today.
Call us on 0800 073 8804 or email us at email@example.com to see how we can help your with your personal injury claim. If you prefer to get in touch online, use our contact form, or simply begin chatting to us here.
How many personal injury claims go to court?
Often, when the prospect of going to court is posed to a potential claimant, their response is filled with reluctance. However, in actuality, only around 5% of cases ever end up But in actual fact, only around 5% of personal injury cases end up in court. Most are settled out of court.
Thankfully for the majority of people making a personal injury claim, even if or when court proceedings are initiated, very few cases will actually reach the courts, with the majority being settled before the actual court date comes around. But, how many personal injury claims go to court?
Whilst the UK does not record statistics on the number of personal injury court proceedings or how many personal injury claim court cases are settled before the date of appearance, we know from experience that it is somewhere around 3% of all cases which are resolved in this manner. This figure will vary from solicitor to solicitor and case to case, as well as through the year. However, as the number of personal injury court proceedings is relatively low you should remain confident that an amicable resolution can be found before your case gets to the state of going to court.
In many of those cases where a claimant is going to court for a car accident settlement in the UK (or other settlement), it is because the claimant has chosen to pursue the case this far, i.e. that they stand to benefit from a much greater compensation award by doing so.
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- Going To Court Over A Car Accident
- Personal Injury Case Going To Court
- How many car insurance claims go to court?
- My Whiplash Claim Is Going To Court
- Calculating Personal Injury Settlements
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Each year, over three million people in the UK are injured in personal accidents. As such, unfortunately, some claimants may need to prepare for court. In conjunction with the specialist solicitor, we will assign to your case, this article will help you to prepare for court. This article will work with their recommendation and can also act as your checklist for your personal injury case going to court.
A personal injury can be any physical injury, illness or disease. It can also be a psychological injury or illness. There are many different types of personal injuries. For example, an injury from a car accident, or an injury sustained in an accident at work. Who is liable for your injuries depends on who owed you a duty of care. If a third party, such as your employer, failed to uphold their duty of care to you, you could be able to make your against them.
If you have pursued a personal injury claim and your solicitors were unable to reach an agreement on a satisfactory settlement then you may find that your personal injury claim is going to court and you, therefore, need to prepare for court. A personal injury claim going to court allows a Judge to assess either Quantum and/or Liability. These are legal terms that are used in assessing damages. Quantum is the level of compensation that you should receive for your injuries, and Liability establishes whose fault the accident was.
If your personal injury claim is going to court, you will need to know how to prepare for court action. Regardless of whether a whiplash claim is going to court or whether any other type of personal injury claim is going to court, it is vital that you thoroughly prepare for court. Part of being prepared is knowing how many claims go to court. Whilst the specialist personal injury solicitor we will find for your case will, of course, help you to prepare for court, it is your legal responsibility to ensure that you are aware of all that you need to know as part of your steps to prepare for court.
Initially, your solicitor will work with the defendant to try and find an amicable solution. However, in a minority of cases, this will not be possible. When you are at the stage where your personal injury case is going to court, you will find yourself with paperwork and forms that will need to be completed before the case goes to court, and in order to ensure that it does, in fact, get to court.
Your specialist solicitor should take you through this to prepare for court. However, you must personally bear in mind that there is a court timetable for personal injury claims which must be adhered to when you prepare for court.
Whether you are going to court over a car accident case where you may need to make a car accident court appearance or maybe going to court for a car accident settlement in the UK, this paperwork needs to be completed correctly, promptly and within the deadlines stipulated to prepare for court. Any mistakes made, or any delay in meeting these deadlines when you are preparing for court can delay your case.
Examples of paperwork required to prepare for court include:
- Witness statements about the accidents.
- Expert medical evidence provided by a doctor or medical professional.
- Evidence of any financial loss, such as loss of income or costs incurred.
At the outset when you prepare for court remember to do the following:
- Check deadlines for the return of all forms and paperwork.
- Organise your paperwork ready to send back.
- Check that you have all your evidence. For example, an expert opinion such as from medical reports.
Best tips for proving personal injury claims
As mentioned above, evidence such as medical reports and witness statements are good examples of what can be used to establish negligence. Gathering sufficient proof is a good way to avoid the case going to court. For a personal injury claim to reach a courtroom is very unlikely.
Only a small percentage of claims ever reach this stage because it is the least desirable option for all sides involved. So, if you were wondering how many car accident claims go to court (as well as other kinds of claims), the answer is very few.
We’ve included some additional examples below of what else you could gather to help support your claim. Get in touch if you need more examples or have other questions on the matter.
- Visual evidence – For instance, CCTV footage or dashcam footage of a car accident. Photographs of your ailments and of the scene of the accident can also come in very useful during the process of your claim.
- Faulty items – If your injury was caused by machinery that malfunctioned or you were injured due to unsuitable protective gear, it can help to present these items as evidence.
Our advisors are ready to answer your questions. So, get in touch if you want to know what happens when a car accident goes to court, or any other claim-related query.
When you prepare for court the court timetable for personal injury claims cases from the time the claim was submitted in court to the date of the hearing can be between six and nine months. Once you have a court date, the court should also provide you instructions as part of the process to prepare for court which you will need to check in advance. Take plenty of time to look at these documents, and ensure that you go over them with your solicitor to prepare for court. For example:
- Are there any general instructions for your type of case?
- Are there any specific instructions for your claims case?
- What do you personally (as the claimant) need to know before the case gets to court in order to prepare for court?
- Have you checked any access needs at the court, such as wheelchair access?
- Do you have any individual access needs such as an interpreter, disabled or wheelchair access or any other special considerations for you to access the court? If so, you as the claimant must ensure that you notify your solicitor and the court of any special considerations or access requirements in plenty of time in order for the court to meet these needs.
We will help you find a representative such as a Barrister or a solicitor to present your claim in court to the Judge. You will be asked to go through your statement and likely questioned by the representative, as well as the representative for the other side.
Are you going to court over a car accident? We can help you get compensation for your car accident and to prepare for court if need be. Last year alone there were 186,209 casualties on the UK’s road network due to car accidents. You may be entitled to compensation in the form of both general damages and special damages.
General damages are awarded for the actual injury and the effect of it, for example in terms of pay. Special damages are concerned with the effect of the injury in terms of, for example, how it may leave you out of pocket due to medical bills associated with it. A mild leg injury incurred due to a traffic accident could incur compensation from £1,800 to £17,900.
How many claims go to court? Are you at the stage where your whiplash claim is going to court? We can help you get compensation for your car accident and to prepare for court. Whether your whiplash is mild or severe you are legally entitled to make claim for it providing it was due to the negligence of another.
You may need to prepare for court. The majority of whiplash claims occur due to car accidents because the impact of the accident can cause your head to be thrown backwards and then forwards at a tremendous force which then causes tears to the ligaments and tendons in your neck. Typical compensation in a whiplash injury case can include:
- General damages (those associated with the injury itself such as the pain etc)
- Damages for loss of earnings
- Special damages for medical bills
- Damages for travel expenses
- Psychological trauma such as PTSD
- Special damages (these are intended to catch what might not have been caught by the other categories such as the effect of being forced to stop your business)
Have you ever wondered how many car insurance claims go to court? Getting an accurate nationwide statistic for this is difficult as the UK does not keep a record of how many car insurance claims go to court, nor how many personal injury claims related to vehicular injuries are made in total (as many are settled between the two parties concerned.
From our experience of how many car insurance claims go to court, we can say that around 5% of car accident personal injury claims will result in the claimant going to court over a car accident and the final number making a car accident court appearance may be even smaller than this.
If you find that your claim does need to go to court, the solicitor we can match you with will be able to take you through the process of going to court, helping you to prepare for court in the best way possible. If your case progresses and you find your car accident claim going to court and you make a car accident court appearance, you will be doing so using one of our expert legal solicitors.
After an accident, such as a car crash, you could be anxious about having to go to court to recover the compensation that you could be owed. However, our experience again shows that the majority of people asking about ‘my whiplash claim is going to court’ will find that their claim does not actually reach the court, or that their claims are settled before reaching the court date in an out of court settlement. As with car accident claims, and other types of personal injury claims, the vast majority of cases won’t go to court, and in those which do, the claimant will have chosen this course of action.
In order to prevent the need for your whiplash claim going to court, the specialist legal solicitors we work with will directly negotiate with the other party (usually referred to as the defendant). Most defendants won’t want to go to court as it will increase the costs they are facing as a result of your claim. As such, both sets of solicitors will make a lot of effort to resolve the case between them in an out of court settlement.
The two sides will propose and should eventually agree on a realistic amount of compensation which is based on your whiplash injury, as well as any costs you have directly incurred as a result of the accident and injury. Whilst the prospect of a court case for a personal injury claim can seem daunting, it is not very likely that your case will progress this far.
If your personal injury claim does go to court, you may be awarded compensation. Personal injury compensation settlements are generally made of two parts, general damages and special damages. General damages is awarded for the injury itself. Special damages compensate you for the other ways in which the accident and injury affected you, such as lost income or medical costs.
How much could I be awarded?
How much general damages are awarded will be based on what injury you have sustained, how serious it was and what the future prognosis is. In the table below we provide examples of what some injuries may be awarded. For an assessment of what you could claim, please contact our team.
Updated June 2021.
|Type Of Injury||Degree Of Injury||Settlement||Notes|
|Leg injury||moderate||£26,050 to £36,790||The claimant may have several fractures or a complicated fracture.|
|Knee injury||moderate||£13,920 to £24,580||Moderate injuries of the knee joint could include a tear of the meniscus or other soft tissues in the joint which cause it to become unstable.|
|Ankle injury||severe||£29,380 to £46,980||There could be resulting instability and weakness in the ankle joint and an extensive period of medical care may be required to repair the joint.|
|Achilles Tendon||£23,460 to £28,240||There will have been a complete divison of the achilles tendon, but this will have been repaired.|
|Foot injury||serious||£23,460 to £36,790||A serious injury which leads to ongoing pain and some problems with the foot.|
|Neck injury||severe||In the region of £139,210||Severe degrees of neck injury, such as those which could lead to (incomplete) paraplegia or where the person is left with permanent quadriparesis.|
|Back injury||moderate||£26,050 to £36,390||Various types of moderate injuries to the tissues, ligaments and bones in the back.|
|Facial disfigurement||Less severe scarring||£16,860 to £45,440||There is a substantial degree or scarring and disfigurement as well as a severe reaction psychologically.|
|Facial disfigurement||Significant scarring||£8,550 to £28,240||Where surgery can correct the most serious of the effects but where there will still be cosmetic effects.|
Personal injury claims are often successful with the help of no win no fee solicitors such as ourselves. No win no fee is the commonly used term for a Conditional Fee Agreement. This means should you lose your case our solicitor receives no fee, but if you win your case our solicitor’s legal fees shall be paid for by the other party. There is absolutely no cost involved for you as the claimant whether you win or lose.
No win no fee is incredibly helpful for claimants as it enables claimants who might not have otherwise been able to make a claim due to financial constraints to be able to make one. They do not need to worry about costs at all, including when they prepare for court. A claim can be made with no financial pressure felt by the claimant.
How many personal injury claims go to court? At Legal Expert can give you free legal advice in your personal injury claim and help you to prepare for court. We have over 30 years of experience in our legal fields and have successfully secured maximum compensation claims for personal injury claims across the UK. We help people like you who have had an accident and who may eventually need to go to and prepare for court.
We can help you to find a solicitor in your field of claim and can provide free legal advice over the phone to make a claim and if needed prepare for court. Although personal injury law may be complicated, making a claim is quite straightforward with us, as is when you prepare for court.
Call us today on 0800 073 8804 or email us at firstname.lastname@example.org to see how we can help your with your personal injury claim. If you prefer to apply online use our contact form, or simply begin chatting to us here.
How are personal injury claims valued?
Personal injury claims, regardless of whether they’re settled in or out of court, are valued based on the extent of damage that each claimant suffered.
What damages could I claim for?
General damages include physical and psychological pain and suffering, whereas special damages include financial losses.
What is the average payout for a personal injury claim UK?
As no two cases are ever the same, there is no such thing as an average payout as there is no such thing as an average claim. Therefore, cases are valued individually, taking its unique circumstances into consideration to produce a settlement offer.
What is a good settlement offer?
There is no way of saying what a good settlement offer is for your case as every case is different. If you’d like an estimate of how much you could be entitle to claim, please get in touch today for a free consutlation.
Can I make a personal injury claim myself?
As mentioned above, you can get a free consultation by getting in touch with us today. This way, we can tell you whether you could have grounds to make a claim and even estimate how much you could be entitled to.
What is negligence?
In typical cases, grounds for a claim can be established if third-party negligence was responsible for your suffering. If the following criteria is met, this could mean you experienced negligence:
- The third party in question owed you a duty of care by law
- Which they failed to uphold
- And you suffered as a result of this failure
Do I need a solicitor?
There is no requirement in UK law for claimants to have legal representation in the form of a solicitor. However, there are numerous benefits to having a solicitor handle your claim, including boosting your chances of getting the compensation you deserve.
How can I contact Legal Expert?
Please refer to our contact section in this guide or use the number at the top of your page to speak to an advisor today.
No Win No Fee Compensation Claims
A guide to how to make a successful no win no fee compensation claim using our expert solicitors
Whiplash Compensation Claims
Our guide to whiplash injuries and how to make a successful claim for compensation after a whiplash injury.
Time Limits On Work Accident Claims
How long do you have to claim for an accident at work? Find out in this guide.
Soft Tissue Injury Claims
In this guide, you can find out more about how to claim compensation for a soft tissue injury.
Other Helpful Compensation Guides
- Bootle Personal Injury Solicitors
- Borehamwood Personal Injury Solicitors
- Boston Personal Injury Solicitors
- Bracknell Personal Injury Solicitors
- Bradford-On-Avon Personal Injury Solicitors
- Bradford Personal Injury Solicitors
- Brent Personal Injury Solicitors
- Brentwood Personal Injury Solicitors
- Bridgend Personal Injury Solicitors
- Bridgwater Personal Injury Solicitors
- How To Make Compensation Claims Against a Council or Local Authority
Thanks for reading our guide. We hope you’ve learnt a little more about how many personal injury claims go to court.