Are no-win, no-fee personal injury claims heard in court?

In a personal injury claim (or in any other type of civil claim), normal court proceedings are issued under Part 7 of the Civil Procedure Rules. Practice Direction 7 stipulates which court to issue proceedings in.

Under Practice Direction 7A (2.2) proceedings which involve an element of personal injury must not be started in the high court unless the value of the claim is £50,000 or more.

Assessing the value of a personal injury claim is a specialist task which should only be undertaken by a solicitor. It will involve assessing the claimant’s injuries with reference to medical evidence to support these injuries. The solicitor will have to value how much compensation the claimant is likely to receive for the injuries suffered. They will also have to consider if the claimant has suffered any special damages and incorporate this into the valuation of the claim. For example, has the claimant suffered a loss of earnings as a result of the accident?

Complex, high value personal injury claims go to trial and are resolved at court. However, an increasing number of personal injury claims, especially road traffic claims are settled outside of court. There are a number of mechanisms and ways that solicitors can persuade the opposition to settle.

One of these methods is through the use of suitable Part 36 (of the Civil Procedure Rules) offers to settle. These are offers with ‘teeth’. They have ‘teeth’ because they carry huge cost penalties for non acceptance in prescribed situations.

A personal injury solicitor will be able to advise you on when it is tactically astute to make an offer, the amount to offer, and the consequences of the other side not accepting the offer.

If you require legal advice on bringing a personal injury claim, you can contact a specialist personal injury solicitor today

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