Personal Injury Claim Court Proceedings – A Guide

The idea of going to court over a personal injury claim can be quite daunting.

But if you are thinking about making a claim, or you have just started one, don’t worry!

Many personal injury cases are resolved without the court ever being involved, and fewer still go to an actual court hearing. The majority of personal injury claims are settled by agreements between the parties rather than a judge’s decision.

There is, however, always a chance that your personal injury claim will involve court proceedings.

In this guide we will explain how and when this might happen. We’ll also peel back some of the mystery that surrounds the court process so that you can get a better idea of its different stages and what you can expect in each.

What is the Claims Portal?

The Claims Portal is a secure platform for processing personal injury claims worth between £1,000 and £25,000. If we think your claim is worth more than £25,000 in general damages and special damages then we won’t use the Claims Portal, but for claims involving less serious injuries with a good prognosis for recovery it is a straightforward and secure method.

Claims processed via the Claims Portal are dealt with in 3 stages. Stage 3 involves claims being decided by a court, and will only be required if a settlement can’t be agreed at Stage 2, or if the person claiming for personal injury compensation is under 18.

The 3 stages of the Claims Portal process are as follows:

• Stage 1 – Notification and Investigation
• Stage 2 – Negotiation
• Stage 3 – Litigation

Stage 1 – Notification and Investigation

This stage involves us, as your legal representatives, completing a Claim Notification Form (CFN) and submitting it through the Portal. In the majority of cases the CFN will be handled by the insurance company of the party you feel was responsible for your injury.

The other party has to acknowledge receipt of the CFN within 1 working day, after which they will investigate your claim. They then have a legal obligation to respond to your claim within the following time limits:

• For road traffic accident cases – the other party has to respond within 15 working days.
• For claims against employers, such as accidents at work – the other party has to respond within 30 working days.
• For public liability claims, such as a slip in a public place like a shop – the other party has to respond within 40 days.

When the response is received it will be one of the following:

• An admission of liability.
• A denial of liability, together with the reasons why the other party denies being liable.
• A claim of contributory negligence, which involves an allegation that you were wholly or partly to blame for your injuries.
• A claim that there is insufficient information on the CNF.

In the majority of cases, any response other than the admission of liability will result in your claim exiting the Claims Portal and being pursued externally. The same will happen if the other party fails to respond within the time limit given.

If the response is an admission of liability, then the claim will move onto Stage 2 on the Portal.

Stage 2 – Negotiation

Having gathered the evidence in support of your personal injury claim we will put it together in the form of a Settlement Pack, setting out the amount of compensation we are seeking on your behalf. The evidence will establish the nature and severity of your injury and any financial impact it has had.

Items of evidence included in the Settlement Pack will include, but not be limited to:

• Your account of how you were injured
• Medical records
• Witness statements
• Photographs
• Bank statements
• Wage slips
• Receipts for expenses

The aim of the evidence is to convince the other party of the legitimacy of your claim and of the amount of compensation you are seeking. The amount included in the Settlement Pack represents our first offer to settle your claim.

Once they have received the Settlement Pack the other party will have 15 days to respond by accepting our offer or making a counter-offer of their own. The Portal then provides a 20 day period during which the two parties can negotiate to reach an agreement.

The time limits involved can be extended with the agreement of both parties if needed.

Stage 3 – Litigation

If a settlement can’t be agreed through negotiation within the time limits set out in Stage 2, then we will send a Court Proceedings Pack to the other party. This will in effect be a request that the claim is resolved via a Court hearing, which is what happens at Stage 3.

The other party must then make an interim payment equal to the amount of compensation they were offering at the end of Stage 2. If they fail to make this payment then your claim will continue outside the Claims Portal.

What does a Court Hearing Involve?

The Court hearing will be either a paper hearing or an oral hearing:

• A paper hearing – this involves a Judge assessing your claim on the basis of evidence (such as that submitted at Stage 2) from both parties. On the basis of this evidence the Judge will determine the amount of compensation to be paid.
• An oral hearing – this involves both parties being represented in person to give submissions in support of the paper evidence. As the claimant, you do not need to attend any oral hearing as a member of the Truth Legal team will be representing you.

The judge will determine the amount of compensation to be paid on the basis of the oral and paper submissions from the representatives of both parties.

If the amount of compensation awarded by the judge is more than the interim payment paid when moving onto Stage 3 of the Portal the other party will now have to pay the balance. If they paid £5,000, for example, and the Judge awards £8,500 then they will have to pay an additional £3,500.

In some cases the Judge might opt to award interest on the compensation paid.

If the amount awarded by the judge is less than the interim payment already made, then you will have to pay the difference back to the other party.

Will my claim involve Stage 3 court proceedings?

The vast majority of personal injury cases are settled without moving to Stage 3 on the Portal, and most cases managed outside the portal are settled without court proceedings. The circumstances in which your case could reach Stage 3 of the Portal are as follows:

• Agreement can’t be reached at Stage 2
• The personal injury claim is being made on behalf of a claimant who is under 18 years of age. Any settlements paid to children have to be approved by a court, which means that all cases involving under 18 year olds – i.e. a case in which you are claiming on behalf of a child you have responsibility for – will reach Stage 3 of the Claims Portal.

Cases which fall outside of the Claims Portal process

We should briefly mention here, that some cases will not go through the Claims Portal process, or will exit the process and continue to be handled ‘outside’ the Claims Portal. As such, they can never go to Stage 3.

These cases include:

• Higher value cases – thought to be worth over £25,000.
• Cases where the Defendant argues that they are not at fault or not responsible for the Claimant’s injuries.
• Many other specific exceptions (examples include: where the Defendant argues that the Claimant is partially at fault, or the claim is being brought on behalf of the estate of someone who has died).

Claims proceeding outside of the Claims Portal are often begun by sending a Letter of Claim – instead of submitting details through the Portal. They can still go to a court hearing (though again this is rare) but the hearing will not be referred to as ‘Stage 3’.

In non-Portal claims, court hearings or trials might be required to resolve a wider range of issues. This includes how much compensation you should be awarded, but may also covers questions of liability and whether some or all injuries were a direct result of the accident or not.

If you wish to start a Personal Injury Claim, contact the team at Truth Legal.