Last updated on December 14th, 2020 at 10:16 pm
How many personal injury claims go to court?
Only a small number of personal injury claims in the UK end up in court. Indeed, most personal injuries claims are settled before reaching the courts. The personal injury experts at Graysons, outline everything you need to know about personal injury claims, along with some of the most frequently asked personal injury questions.
What is personal injury in the UK?
Personal injury may be defined as an act or omission that has caused you undue pain and suffering and financial loss. It can also include psychological damage. Personal injury covers a broad spectrum of scenarios. It may include injury at work, public space, or on the roads.
For a personal injury claim to be successful, you will need to prove that somebody else was at fault.
If you believe you have a personal injury claim, then contact the team of personal injury experts at Graysons. No matter what type of injury claim, our team of experts will assess whether you have a claim and then help you every step of the way, ensuring the very best possible outcome.
What are some examples of personal injury?
Personal injury can include a wide range of scenarios. Some common personal injury claims include:
- Road accidents, including car accident claims for passengers and drivers, claims for pedestrians and accidents involving cyclists and motorcyclists
- Work accidents, including injury caused by a lack of protective equipment or lack of adequate workplace safety measures. Such accidents commonly occur in factories, warehouses, offices or on building sites.
- Public place accidents, such as in a shop, restaurant or pub, a park, public footpath or highway, or in other areas owned or managed by local councils.
What happens when a personal injury claim goes to court?
A personal injury claim will end up in court if a settlement cannot be agreed during negotiations, or when the person or company that you are claiming against does not respond to the claim. However, it is rare that a personal injury claim does go to court, with almost all cases being settled by negotiation. Claims that do go to court may be complex, multi-faceted cases where the fault is disputed or the amount of damages cannot be agreed. Your lawyer will gather all the relevant documents required, including witness statements, medical reports, and medical expenses. If a personal injury claim does go to court, your lawyer handling your claim will be able to attend on your behalf. This will help diminish any stress at what is already likely to be a trying time.
What types of court hearings in personal injury claims are there?
If a personal injury claim does go to court, it will likely go through several different hearings, which will be dependent on the nature of the case, including the claim value. Some of the more common personal injury claim hearings include:
- Case management conference hearing – this is often the first hearing that will take place when the legal teams for both parties meet with the judge to discuss how the case will be handled.
- Small claims hearing – very minor personal injury claims will be dealt with by the small claims’ courts and typically last no longer than a few hours.
- Fast-track hearing – for routine personal injury claims taking more than a day to be resolved.
- Multi-track hearing – reserved for more complex and higher value personal injury claims. A multi-track hearing will usually take several days.
- Disposal hearing – a personal injury claim will be dealt with at a disposal hearing if liability for the claim has been admitted, but a compensation amount has not been agreed.
Remember, if your claim does go to court, an expert personal injury solicitor, such as the team of legal experts at Graysons, will be able to attend on your behalf.
What is the average personal injury payout UK awarded by the courts?
It is almost impossible to state an accurate figure as to what the average personal injury payout in the UK is. Payouts can range from just a few thousand pounds for minor personal injury cases up to millions of pounds for more complex cases that have resulted in severe life-limiting injuries, or even loss of life.
Should I use a personal injury calculator?
While a personal injury calculator may seem like a useful tool for estimating how much compensation you might be entitled to, it is impossible to get an accurate figure. This is because every personal injury claim is unique, and no two claims are ever the same. Personal injury calculators may not reflect all the types of damages that may be claimed and can give misleading figures. The best way to get an accurate assessment of what your claim value might be is to contact an expert personal injury lawyer, such as the team of legal experts at Graysons.
How do you prove personal injury?
To prove personal injury, you must be able to demonstrate that you have been injured and that somebody else was at fault.
How do the courts measure someone’s pain and suffering and decide on compensation?
The level of compensation you receive will depend on the severity of your personal injury claim. The courts will measure pain and suffering and assess the severity of injuries by considering medical reports and records, through witness statements, and evidence of financial losses. Compensation will be awarded based on numerous factors, including the severity of the injuries and lost earnings. Psychological damage may also be taken into consideration.
How long does a personal injury claim typically take?
The length of time a personal injury claim takes depends on the individual circumstances, the severity of the personal injury, the extent of financial losses, and whether the claim ends up in court. For example, a straightforward road accident claim where a settlement is reached out of court may only take a few months, whereas more complex, multi-faceted claim may take several years. Personal injury claims may also take longer where it is not clear who is at fault, or if liability is denied. An expert personal injury solicitor, such as the team of legal professionals at Graysons, will be able to advise you on how long your claim is likely to take.
Is there a time limit in which to make a personal injury claim?
Yes, you must make a claim within three years of the date of the accident, or the date that you first became aware that you suffered an injury.
What should I do if I believe I have a claim for personal injury?
If you believe you have a claim for personal injury, whether it be personal injury arising from a car accident, the workplace, or a public place, then contact the team of legal experts at Graysons today. Our personal injury solicitors will manage your claim, ensuring the very best possible outcome.