How Many Personal Injury Claims Go To Court?

By Lewis Hendrix. Last Updated 21st March 2023. Welcome to our personal injury claim going to court guide, which asks, “how many personal injury claims go to court in the UK?” and explains the personal injury compensation claim process.

Solicitor and a claimant for a personal injury claim standing in front of a judge

A person may want to claim compensation if they are caused by avoidable suffering. If that is the case, then a No Win No Fee solicitor could assist the claimant throughout the claims process, providing them with guidance and knowledge throughout their case.

If you wish to claim personal injury compensation, you might have questions such as ‘’how many claims go to court?’’. This is an extremely common question, and only a small percentage of claims go to court. But in the event a claim goes to court, a No Win No Fee solicitor could represent your best interests and aim to settle the case accordingly on a No Win No Fee basis.

Within this online guide covering how many personal injury claims go to court in the UK, it shall outline the relevant information regarding claims that go to court and how our solicitors could be of service. If at any point during this guide you are confused or wish to discover more about how to start court proceedings, please do not hesitate to contact a member of our team on 0800 073 8801.

Select A Section

    1. A Guide To How Many Personal Injury Claims Go To Court
    2. How Does The Personal Injury Claim Settlement Process Work?
    3. How Many Personal Injury Claims Go To Court? – Personal Injury Court Proceedings
    4. Personal Injury Court Proceedings
    5. Do I Have Attend The Court Case?
    6. How Much Compensation Could I Receive In A Personal Injury Claim?
    7. How Can A No Win No Fee Solicitor Help Me?
    8. References Related To How Many Personal Injury Claims Go To Court

A Guide To How Many Personal Injury Claims Go To Court

Are you looking to find out how many personal injury claims go to court in the UK? This is an online guide for those who wish to claim compensation after being affected by third-party negligence. In cases where negligence occurs, the affected individual may experience physical injuries, illness, or in some cases, they may experience psychological related trauma. All of this suffering could be caused by a variety of negligent actions, such as a careless road user to the misconduct of a medical practitioner.

Find Out More About How Many Personal Injury Claims Go To Court

This online guide shall discuss the process if a personal injury claim goes to court and how our No Win No Fee solicitors could be of service. Please note that a majority of cases for compensation will be resolved amicably between the parties, and only a small amount of cases will require a court hearing. It is also worth highlighting that a compensation claim may be affected by a personal injury claim time limit. In most scenarios, the 3-year time limit comes into action from the moment the negligent act occurs. Alternatively, the time limit comes into action 3 years from the moment injuries caused by negligence, such as PTSD, have been officially diagnosed.

For more information on in court and out of court settlement in personal injury claims, contact our team of advisors today.

How Does The Personal Injury Claim Settlement Process Work?

If you are making a personal injury claim, you may wish to know more about how the process works and how a solicitor could support you.

The personal injury claim settlement process will likely involve:

  • An evaluation of the case
  • A letter of claim, which involves presenting the case to the defendant
  • The defendant sends a response, which could be to accept, reject or negotiate.
  • You respond to the defendant.

To gain a clearer picture of the claim’s value, a legal professional will consider any medical evidence as well as any financial losses you’ve incurred. A No Win No Fee solicitor can arrange for you to have a medical exam as well as calculate your losses.

Your letter of claim will need to include details of your injury and what impact it has had on your day-to-day life, as well as allegations of how the defendant has caused that harm. It should also include details of your financial losses.

The defendant should respond to the letter of claim in a timely fashion. They may reject your claim entirely or opt to negotiate. With your consent, your solicitor could negotiate a suitable settlement on your behalf, but they must get your permission before proposing or accepting any offer. If the defendant rejects the claim, they may ask for more evidence or time to investigate.

If you or the defendant chooses to accept an offer, the defendant will usually have 14 days to pay your compensation.

Free legal advice about personal injury claims and the settlement process is available from our advisors. They can assess your claim for free today and if they feel you have a good chance of recovering compensation, you could be connected with our No Win No Fee solicitors.

Why Do Personal Injury Claims Go To Court?

If a personal injury claim cannot be settled amicably, whether this is about the financial value, complex factors, or if the opponent denies or fails to acknowledge their liability, the claim will then be taken to court. It is very rare for a personal injury claim to end up in the hands of a Court of Law, but it is an option that is worth remembering.

In most scenarios, the solicitors handling the claim will be extremely knowledgeable and have the expertise to resolve the matter accordingly. But in the event your solicitor is unable to secure an awarded settlement, and the negotiations come to a halt, the next stage shall inevitably involve the court’s involvement where the case goes in front of a judge. This process will begin with your personal injury solicitor filing the claim (if you choose to use a solicitor), which will then be in the court’s hands to resolve.

How Many Personal Injury Claims Go To Court? – Personal Injury Court Proceedings

There are occasions when a compensation claim may require the involvement of a court to settle the matter. This is usually due to an impasse in the negotiation stage, resulting in a standstill between both parties. If neither side can come to a concluding decision, then the case might require the court’s participation. Hence you starting to understand how many personal injury claims go to court. If your claim gets to this stage, the court will then decide how your claim will proceed.

Our advisors can provide more information surrounding court proceedings and how long it could take to get compensation from court when you get in touch today.

Do I Have To Attend The Court Case?

As you wonder, “how many personal injury claims go to court in the UK” let’s assume that your case reaches a trial. If your claim is valued under £25,000, then you may not be required to attend the court case, as your personal injury solicitor can represent you, your concerns, and your claim. However, if your claim exceeds £25,000, then you may be required to attend the hearing. This is largely because cases of this capacity are extremely complex. Therefore, the court may need to question your version of events before making a final decision.

How Much Compensation Could I Receive In A Personal Injury Claim?

There are two heads of claim you can pursue when making a personal injury claim. The first is called general damages and covers your injuries, as well as the effect they have had on your life.

The table below includes some potential figures you could receive in general damages, taken from the Judicial College Guidelines (JCG). The JCG provides guidelines, but these figures are not guaranteed. The actual amount of compensation you receive may vary.

Edit
Injury Or Illness Amount Comments on Severity
Serious Food Poisoning £9,540 to £19,200 This bracket includes cases with serious but short-lived diarrhoea and vomiting resulting in impairment to quality of life, enjoyment of food and sex life.
Less Serious Food Poisoning £3,950 to
£9,540		 This bracket covers cases of food poisoning that result in stomach cramps, disruption of bowel function, fatigue, significant discomfort and cases where there has been an admission to hospital.
Moderate Brain Damage £150,110 to £219,070 This bracket is for head injuries resulting in brain damage causing a personality change, intellectual impairment, damage to the senses and a significant impact on future employment prospects.
Moderate Neck Injury £24,990 to £38,490 This bracket covers injuries to the neck causing severe symptoms which may necessitate spinal fusion. There may also be a significant impairment to function and affect other parts of the body. This range can also include soft tissue injuries to the neck and back combined.
Serious Shoulder Injury £12,770 to £19,200 This bracket covers a wide range of damage to the shoulder, including a fractured brachial plexus, damage to the rotator cuff, and other soft tissue damage resulting loss of grip, severe pain, loss of movement or sensation, etc. It can also include soft tissue damage that causes permanent intrusive symptoms.
Less Severe Arm Injuries £19,200 to £39,170 This can include injuries that cause significant disabilities, but where the person has made a significant recovery over time.
Serious Wrist Injury £24,500 to £39,170 This bracket covers wrist injuries that have some remaining movement, but where there is still significant permanent disability.
Moderate Hip or Pelvis Injury £26,590 to £39,170 This bracket can involve serious damage to the hip or pelvis but does not include injuries involving permanent disability.
Very Serious Leg Injuries £54,830 to £87,890 This bracket covers injuries that result in a person needing a permanent walking aid and has required extensive treatment.
Moderate Ankle Injuries £13,740 to £26,590 This bracket covers injuries involving fractures and ligament damage that impair the person’s ability to walk on a certain surface, climbing stairs, walking for long periods of time, etc. with a risk of future osteoarthritis.

Special Damages

You may also be eligible for special damages. These cover the financial impact of your injuries and help you recoup the cost of expenses such as:

  • Loss of earnings
  • Travel to and from hospital appointments
  • Mobility aids or special equipment
  • Therapy or counselling
  • Other expenses caused as a direct result of your injuries

Our advisors can provide an estimate of what your claim may be worth, as well as further information on how long it could take to receive compensation from court, contact our expert team today.

How Can A No Win No Fee Solicitor Help Me?

Now that we’ve discussed how many personal injury claims go to court, you might be thinking, ‘my compensation claim is going to court – can a No Win No Fee solicitor help me?’. There are plenty of benefits a solicitor working under this agreement could provide.

If you aren’t aware of how this type of solicitor works, they could offer you a type of No Win No Fee contract known as a Conditional Fee Agreement. As part of the terms and conditions, you aren’t responsible for paying your solicitor if your claim is not successful.

Furthermore, your solicitor typically won’t ask for an upfront payment, whilst ongoing costs are also usually covered. If your claim is successful, your solicitor deducts a success fee from your personal injury compensation. However, you can never be overcharged for this fee since it is capped by law under the Conditional Fee Agreements Order 2013.

Our specialist solicitors could help you on a No Win No Fee basis if your personal injury claim is going to court. Read on to find out how to contact us for more information.

Get In Contact With Accident Claims UK To Learn More About How Many Personal Injury Claims Go To Court

If you wish to make a claim, but you are unsure about the personal injury claim settlement process, please do not hesitate to get in touch. Our friendly and expert advisers can answer any questions that you might have. They can offer you free legal advice of no obligation. The number to call is 0800 073 8801 or alternatively, you can enquire online, and a member of our team will be in touch.

References Relating To How Many Personal Injury Claims Go To Court

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