How many personal injury claims go to court? – is a question that we are often asked by our clients. The fear of having to attend court in person is one of the biggest deterrents for people making a claim. The vast majority of cases are however, settled out of court, and for the small number of cases that do end up going to court, it is not always necessary for the claimant to attend – as their solicitor or appointed barrister will be there to represent them.

If the estimated value of your claim is over £25,000, this is known as a ‘multitrack case’. In such a case claimants may be expected to attend court, where they will be asked questions about what happened to them by their own representative and the defendant’s representative. Your legal representative will be at hand to support you through the process.

It remains however very unlikely that your case would go to court, with well less than 1% of claims ending in a full court hearing.

A lot of people think that if their claim is unsuccessful they will have to pay expensive legal fees that they can’t afford. 

We handle the vast majority of personal injury claims on a no win, no fee basis, meaning that you will only pay legal fees if your claim is successful. This is a percentage of the compensation amount obtained and will be agreed with your solicitor at the start of the claims process.

Are personal injury claims taxable? – is often asked by claimants. It is a common misconception that you will be taxed on any compensation amount obtained. Compensation obtained is exempt from tax.

People can be put off from pursuing their claim out of fear that the process will be too complex and stressful. The claims process is however fairly straightforward and follows the steps set out in the Pre-Action Protocol for personal injury claims. Your solicitor will explain all legal terminology to you so that you are made fully aware of what is going on at each and every step of the claims process.

We understand that you may be reluctant to bring a claim against your employer. Rest assured any claim would be dealt with by your employer’s insurers. Insurance for accidents suffered by their staff is compulsory for your employer, no matter how small their business or how few staff they employ.

Plus, your employer cannot treat you any differently, nor can they dismiss you, as a result of making an accident at work claim. Your claim will help highlight a safety issue, which will help protect your co-workers from being injured in the same way.