How Many Personal Injury Claims Go To Court?
By Lewis Cobain. Last Updated 17th August 2023. 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 firstname.lastname@example.org 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 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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- My Personal Injury Claim Is Going To Court
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- How Long Do Personal Injury Claims Take?
- Going To Court Over A Car Accident
- My Claim Is Going To Personal Injury Court – How Much Compensation Can I Receive?
- No Win No Fee Personal Injury Claims
- How Legal Expert Can Help
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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.
In order to make a claim, you will need to start it within the personal injury claim time limit. As set out in the Limitation Act 1980, the claim time limit is generally three years from the date of your accident. Once your claim begins, there is no set time limit for it to be settled.
You may be wondering, ‘how long do personal injury claims take?’. How long a personal injury claim may take depends on a number of factors.
Below are some typical factors that may influence the length of a claim:
- Your recovery time – You may not be able to fully settle a claim until you have recovered from your injuries. If you have suffered a more severe injury, such as a brain injury, it could potentially be longer.
- Evidence – If you have more evidence you have to prove that you suffered an injury due to the negligence of a third party, your claim could potentially be settled quicker as liability may not be in question. If you have insufficient evidence and the party at fault denies liability, you will need more time to prove liability.
- Court – Compensation is likely to be awarded quicker if both parties can agree on a settlement out of court.
Get in touch for free legal advice from our advisors, who are available 24/7.
How Long Does It Take To Get Paid After A Settlement?
How long it could take to get paid after a settlement is reached will depend on the terms of your claim. However, it should typically be as soon as possible once the case is settled.
If your claim was settled outside of court, both parties would have agreed to and set out a time for when the compensation money should be paid out to you.
In a court settlement, a payment schedule is likely to be set out by a judge. A common timeframe is usually 21 days from when the final decision is made, but this again will depend on the terms of your settlement and the manner in which it is being paid out.
If you have any questions about when you may receive your personal injury claim payout, then please reach out to one of our advisers to see if they could help you.
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.
Do All Personal Injury Claims Go To Court?
Not all personal injury claims will go to court. In some cases, you may settle your claim out of court. For example, if you make a car insurance claim, going to court may not be necessary, as the claim will be handled by your insurer. However, if you are going to court for a car accident settlement in the UK, the help of a solicitor could prove beneficial to your claim.
To find out how one of our solicitors could help you through the claims process, contact our team today.
If you make a successful claim in personal injury court, your settlement may consist of two heads of claim, general damages and special damages. General damages account for the pain or suffering inflicted by your injuries.
Legal professionals may use the Judicial College Guidelines (JCG) alongside other documents when valuing this head of claim. This is because the JCG provides guideline compensation brackets for a variety of injuries. We have used figures from the 16th edition of the JCG to create the table below. Please only use it as guidance.
|Type Of Injury||Degree Of Injury||Settlement||Notes|
|Neck injury||severe||In the region of £148,330||Severe degrees of neck injury, such as those which could lead to (incomplete) paraplegia or where the person is left with permanent quadriparesis.|
|Ankle injury||severe||£31,310 to £50,060||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.|
|Leg injury||moderate||£27,760 to £39,200||The claimant may have several fractures or a complicated fracture.|
|Back injury||moderate||£27,760 to £38,780||Various types of moderate injuries to the tissues, ligaments and bones in the back.|
|Knee injury||moderate||£14,840 to £26,190||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.|
|Foot injury||serious||£24,990 to £39,200||A serious injury which leads to ongoing pain and some problems with the foot.|
|Achilles Tendon||£24,990 to £30.090||There will have been a complete divison of the achilles tendon, but this will have been repaired.|
|Facial disfigurement||Less severe scarring||£17,960 to £48,420||There is a substantial degree or scarring and disfigurement as well as a severe reaction psychologically.|
|Facial disfigurement||Significant scarring||£9,110 to £30,090||Where surgery can correct the most serious of the effects but where there will still be cosmetic effects.|
|Whiplash Injuries - One Or More||-||£4,215||Symptoms in this bracket remain for 12-24 months.|
|Whiplash Injuries With Minor Psychological Injuries - One Or More||-||£4,345||Symptoms in this bracket remain for 15-18 months.|
For a free valuation of your claim, you can contact our friendly advisory team. They can also help answer any questions you may have, such as, ‘How many car insurance claims go to court in the UK?’
Car Insurance Claim Going to Court – Can I Claim Special Damages?
Special damages is the head of your claim that covers the financial losses you incur because of your injuries. For example, under special damages, you could claim back the cost of:
- Home adjustments
- Mobility aids
- Medical bills
- Domestic help
If your claim is going to personal injury court, one of our solicitors could be able to help. Get in touch with our team today to learn more.
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 email@example.com 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.
We have lots more guides on personal injury claims which you can browse below:
- A guide to the claims process
- Climbing wall activity accident claims
- Claiming compensation for quad bike injuries
- Activity centre injuries – how to claim compensation
- Claiming compensation for a mountain bike injury
- How does the personal injury claim process work?
- Missing tile accident claims
- Success fees in personal injury cases – head here to learn how much solicitors take in a successful claim
- Special damages in personal injury claims
- CCTV footage in personal injury cases
- Claiming compensation for injuries caused by faulty furniture
- How to claim against your employer
- Compensation tables for personal injury
- Try our personal injury claims calculator
- Multi-story car park accident claims
- The Pre-Action Protocols in personal injury
- How much compensation can you get for a personal injury claim?
Thanks for reading our guide. We hope you’ve learnt a little more about how many personal injury claims go to court.