When you first bring a personal injury claim, you may have visions of a courtroom and having to prove your claim in front of a judge and a jury. You’ll probably be pleased to know that only a small percentage of personal injury claims ever make it to court. And when they do, there is no jury in a civil claim anyway – everything will be decided by the judge.
Here we’ll look at how many personal injury claims go to court, the process for court proceedings and whether or not you need to be there in person.
How many personal injury claims go to court?
The number of personal injury claims that make it all the way to court is relatively small. In fact, approximately 2% or 3% of personal injury claims are resolved in court.
These numbers might sound low, but in reality this is a good thing. It saves the courts time and also ensures cases are resolved quicker for the benefit of both parties.
The focus of personal injury claims is to reach an agreement between the parties, rather than deal with courtroom battles. The lawyers on either side may be able to reach an early settlement or the parties may find an agreement during mediation for example. Cases are only really likely to reach court if they are complex or the parties aren’t willing to negotiate.
Why might a personal injury case go to court?
If a defendant won’t accept liability for an accident or disputes the damages for example, then court proceedings will begin.
There is a difference between commencing proceedings and a claim being finalised at a trial or hearing. When a claimant makes a claim for damages – say after a road traffic accident – the defendant may dispute the liability for the claim. The defence in this case will be that they deny any liability for the accident and state that they weren’t at fault.
Here the claimant needs to prove that the defendant has acted negligently – they need to show the defendant had a duty of care, which they breached, and which in turn caused the accident or injury. When liability is in dispute, cases often become the subject of court proceedings.
Where liability isn’t in dispute, the disagreement may centre on the amount of the claim. Take the example of loss of earnings following an accident at work. The claimant may be claiming a certain amount, and the defendant may be disputing this amount.
What happens if my personal injury case goes to court?
If the defendant won’t accept liability and/or fails to make a reasonable compensation offer, court proceedings will begin.
The claim will then be issued in court by the claimant’s legal team. They will lodge a claim form with information about the case, including medical reports and a summary of financial losses.
The court then allocates a ‘track’ for the claim in line with its financial value and complexity. The three tracks include:
- Small claims track – for claims up to £1,500 (£5,000 for road traffic accidents)
- Fast track – for claims between £1,500 (£5,000 for RTAs) and £25,000
- Multi track – For claims likely to exceed £25,000
The court then establishes a timetable for both parties to take certain steps to try and reach an agreement. If no agreement is reached, a hearing will be scheduled.
Pre-trial negotiations continue even after the court date is set
Most parties involved in the case, including the court, would prefer to avoid a formal court hearing. It’s for this reason that pre-trial negotiations continue even after a court date has been set. Hopefully an agreement will be reached before the claim goes to court.
In complex or high-value cases, often insurance companies will deny liability even if it’s expected that the defendant will eventually be found liable. This is often employed as a strategy to test whether the claimant is prepared to go to court.
Will I have to attend the personal injury court case In person?
We’ve already seen from the above statistics that court cases are rare in personal injury claims – but they do happen. So do you need to be in court if your claim goes all the way?
Often it depends on the track your claim has been allocated to.
For claims allocated to the small claims track, the judge might decide a court hearing isn’t needed and can be decided on written evidence. You then won’t need to be there in person.
This isn’t always the case. But even if the judge does decide it needs to go to court, it’s not mandatory to attend for small claims. Yet if you don’t attend, you need to submit a letter to both the court and the defendant explaining why you won’t be there in person.
For claims allocated to the fast track or multi track, you may be needed in court to answer questions about the accident. Both your barrister and the defendant’s barrister will ask you questions about your statement. The judge makes a ruling and will determine the level of compensation if you win.
Is there a jury in personal injury cases?
No, there isn’t a jury in personal injury cases.
Personal injury claims are decided by a judge in a civil court. There’s also no public gallery either.
How can Express Solicitors help your personal injury claim?
If you’ve been injured after an accident that wasn’t your fault, you may be able to bring a personal injury claim.
Contact us at Express Solicitors for a free consultation with one of our expert solicitors. We will assess your claim, and if we represent you will handle all legal aspects of your claim whether it goes to court or is settled early.