In this article we’ll be looking at how personal injury court cases most often work and what you’ll need to do to give yourself the best chance of winning your case.
About personal injury court cases
The majority of personal injury court cases will take place in the small claims court. To qualify for this, the value of the claim will have to be not more than £10,000. As a claimant you’ll probably need the services of a solicitor, or legal advice, to lodge the complaint.
Proving your case
The onus of proof in these cases tends to be on you as the claimant. You have to demonstrate three things. Firstly that the accident was not your fault and that, by implication, it was somebody else’s fault.
Secondly, you’ll need to show that the defendant – whether that’s a firm or an individual – was at fault for the accident. This can be tricky and will depend on you showing that they were negligent in some way. If it’s a road traffic accident this will be showing that they caused the crash – or if it’s an injury in the workplace you’ll need to show that they in some way fell down on their duty of care as your employer and failed to provide an adequately safe environment to work from.
Thirdly, you’ll have to show that there has been a decline in your quality of life. This could be reduced mobility or any other measurable long term affects. You’ll also need to show how it has impacted on you financially – whether that’s in seeking medical attention or loss of earnings.
About your compensation
If at the end of this you have been successful in convincing the courts of your case, compensation will be awarded in the following way.
First they will look at any loss of earnings that have occurred as a result. This could be temporary – such as through the reduced ability to earn while you recover from your injury – or it could be something more permanent. In that case they will take into account all the future loss of earnings that could have accrued as a result of this accident.
Secondly, they will also look at any incidental costs that have occurred as a result of the accident. This could be something basic such as travel costs to and from the hospital.
Finally, they will make an assessment about the injury. If it’s a severe injury which has greatly an permanently reduced your quality of life then this figure will be higher.
Lastly, not all personal injury court cases require the same approach from a lawyer. Some are simple and can be handled quickly within a few months, but other more complicated cases could drag on for years. Before you make a decision about what type of lawyer you want on your side – work out what the actual case will require from them.
For more information about personal injury court cases, give our team a call on 0800 689 0500, or 0333 500 0993 from a mobile.
Alternatively, you could visit www.accidentadvicehelpline.co.uk for more information.
Date Published: 18th March 2014
Author: Louise Thacker