The UK personal injury claims market has attracted a degree of controversy in the past, but regulation changes to whiplash claims have reduced the number of dubious claims. This has allowed those with bona fide claims to step forward in the knowledge that they will be judged on their evidence and not suspected of any underhand motives.
While ultimately, the victim is seeking compensation for injuries received; it is crucial to appreciate the broader context of the personal injury claims market. Companies or individuals forced to pay compensation are more likely to make changes to ensure this does not happen again. One compensation claim could potentially save many others from similar injuries.
Exploring the settlement options
When pursuing a personal injury claim, there are two options where the evidence is accepted by the defendant:
- an out-of-court settlement or
- going to court.
Benefits of settling
Where the defendant has accepted liability, there will likely be an out-of-court settlement. This is generally in the best interests of all parties; the defendant will save legal expenses and perhaps reputational damage, while the victim will receive an appropriate degree of compensation. It is also essential to appreciate that where there is obvious liability, and the case goes to court, the judge will not appreciate this.
At this point, it is also essential to appreciate the stress felt by many claimants who are often put under the microscope and their integrity questioned. The potential knock-on effect on their working career, family life and personal relationships can be horrific. That said, when looking to agree on an out-of-court settlement, it is important not to “sell yourself short”.
Factors to consider when contemplating a settlement
There are many factors to consider if you’re contemplating an out-of-court settlement from a defendant who has admitted liability for your injuries. These include:-
Compensation amount
Over the years, the personal injury claims industry has seen many different types of claims and varied compensation awards. This has helped to create a guide that is used for calculating out-of-court and in-court settlements where the victim has successfully proved a liability. The vast majority of people use the services of a personal injury solicitor, with many offering no-win no-fee services to represent them. This is important because these solicitors and their companies have generally been there, done it and know the “correct” level of compensation to seek.
Time considerations
Where liability has been agreed, it generally makes sense to pursue an out-of-court settlement rather than going through what can be a lengthy court process. Delays, not to mention the uncertainty of court proceedings, can cause these problematic situations to drag on for months if not years. Again, while it’s important not to sell yourself short, there may be some scope for an amicable agreement.
Cost implications
The cost implications are mainly irrelevant for those who have signed a no-win no-fee arrangement with a personal injury claims solicitor. Most companies will offer this service if they believe you have a good chance of success after viewing your evidence. Where there is a degree of uncertainty, the victim may decide to pursue their case using their own funding, which can mean significant legal fees and court expenses.
Emotional factors
As discussed above, there is also an emotional factor to consider if you are determined to claim the maximum compensation by the court route. Stress and anxiety can be highly detrimental to your health, with very few court cases running on time and the wheels of justice often turning very slowly. Unfortunately, in some cases, the stress and anxiety suffered by those with a perfectly valid claim can lead to them withdrawing their actions, and potentially accepting a substandard compensation arrangement.
Considering litigation – Going to Court
While the court route is relatively scarce in the personal injury claims sector, it should not automatically be dismissed. You must speak with your personal injury solicitor and use their experience of the system to navigate the best route for you.
When litigation becomes necessary
There will be occasions when the defendant refuses to acknowledge liability for your injuries or the two parties cannot agree on a compensation settlement. These are perfectly valid reasons for going down the court route; sometimes, the threat can force the defendant to rethink their stance.
Benefits of pursuing litigation
Even though we have highlighted why many cases never reach court, it is vital to appreciate the benefits of the open court scenario.
Opportunity for a fair judgment
If a defendant has admitted liability and is looking to negotiate a compensation payment, all the evidence will likely remain confidential. There may be elements of your claim played down by the defendant, and the issue as a whole isn’t open to an impartial decision by a judge. As we touched on above, where liability is apparent or has been accepted, but no compensation payment can be agreed upon, this may be seen as the defendant wasting court time.
Taking your claim to court can sometimes set a legal precedent and hold responsible parties accountable in the public domain. This can lead to individuals and companies changing their actions and significantly improving general safety with a particular focus on the workplace.
Factors to consider before going to court
If you are considering, or perhaps you feel forced, to take your case to court, there are several issues on which to focus:-
- Do you have the time and resources?
- Do you have sufficiently qualified legal representation?
- Have you considered the risk of an unfavourable judgement?
- How would additional costs impact your finances/wealth?
As you can see above, there are many issues to consider when you pursue a personal injury compensation claim. By far and away, the vast majority of claims will be settled out of court, assuming liability is accepted, but court action is still an option in some scenarios.
Conclusion
Where the defendant admits liability for your injuries and is open to negotiating a compensation settlement, this can lead to a prompt conclusion. There will be cases where defendants simply don’t agree with your claim, or they may involve third parties or hold you partly responsible. Where there is literally no chance of a negotiated settlement, and both parties are digging their heels in, there is every chance it could go to court.
Whether you are looking at an out-of-court settlement, or considering pursuing your claim through the courts, it is important to seek professional advice at the earliest opportunity. Our personal injury solicitors will consider your claim, the evidence you have and then give you an independent assessment of your chances of success. Remember, they have been there, done it and won many different T-shirts; they know what they are talking about!
