Here at Direct2Compensation in the lovely city of Bath, we get asked a million and one questions about personal injury claims and these questions come from both clients we’re acting for as well as from people who may never opt to pursue their claim. For most people, making a personal Injury claim is a one off event and as such, having any knowledge of the process of claiming is at best, very limited. We know that people won’t know much about claiming, but worry not – we are here and available to help you to find out more. We offer immediate access to claims specialist and not a call centre operator and we’re proud of friendly professional service that can given you the happy to answer any question you may have about personal injury claims. We know your rights after an accident, how the process works and we speak in simple, layman’s terms, cutting through the jargon to make sure that you have the confidence you need to pursue your claim.
The personal injury compensation questions that we receive have a very wide range, from how long a claim may claim take, to how much compensation will I get, or wanting to find out whether making a claim includes any financial cost and how No Win No Fee works.
Perhaps one of the most common issues that people wish to question after ‘will claiming cost me anything’ (to which the answer is not if you don’t win!) is: Will my personal injury claim go to court? Understandably, the thought of having to go to court is frightening and could put people off from making their claim. Thankfully, we can put your mind at ease on this issue.
Although the involvement of the courts is unlikely and a rarity in personal injury claims, we will always be honest and frank in setting out the potential issues that may arise during the claims process. Our view is that by being totally honest and never making false promises, claimants will have greater confidence in making their claim as they’ll have a good understanding of the potential process ahead. In terms of the courts and personal injury compensation claims, it’s important to note that as with any civil legal matter, there is a small prospect that a claim could end up in a court hearing before a Judge. However, please remember that this happens in only a small handful of cases.
The reason that most personal injury claims settle in an amicable out of court agreement, is that whoever is going to lose the claim, or believes that they are most likely to lose, won’t want to risk the increased costs and delays a court case will bring.
For example, if your Solicitor were to take Counsels advice on the prospects of succeeding with a claim and their chosen Counsel suggested that they were likely to lose, the Solicitor would close the claim and not proceed to court. This is due to the poor prospects of success and the increased likelihood that the Solicitor would only be incurring additional costs for themselves if they ignore the advice and decide to take the claim to court and lose. If they did this, they would not only have the 3rd party costs to pay, but also the court fees and charges!
On the other hand, if the Counsel advised the Solicitor that on the balance of probability, the claim was likely to succeed, the Solicitor may choose to go to court. They would initially suggest a reasonable settlement figure to the 3rd party and hope that they agree to settle, but if the 3rd party declined this or failed to cooperate with the process, the Solicitor will issue proceedings against the defendants to bring them to court. This would put the 3rd party insurers at risk of having to pay your compensation (the value of which would be decided by the Judge), the majority of your legal fees (your Solicitor costs and a Judge may issue judgement that the defendants have to pay all your fees) and the court fees.
Court fees substantially increase the cost of a claim and most parties want to avoid them where possible. Therefore, it is most common for claims to be settled out of court as 3rd parties and Solicitors wish to avoid added court fees by settling out of court and thus avoiding additional court costs.
If your Solicitor feels that the matter should be presented to a court, they will advise you of that and take your instructions. Remember, your Solicitor will fully protect you of the risk of facing legal costs and handle everything for you, but we appreciate that some claimants may not want to go to court. Whilst that option remains the claimants prerogative, most people are happy to follow the advice of their Solicitor and trust that their advice should be followed. Of the small percentage of Personal Injury claims that do end up in court, most clients are not required to attend, but if they are, with the guidance and advice of the Solicitor, the claimants are happy to attend and give evidence where required. Again, we stress that only a small minority of claims will be decided in court.
Your questions answered
You may well have questions about the claims process, what No Win No Fee means or how you can exercise your legal right and seek compensation after an accident or injuries that were not your fault. Please do not hesitate to contact us for a no obligation, friendly chat about your situation. Knowledge is power and we’re more than happy to help you to understand your options. You’ll never be put under any pressure to pursue a claim or made to feel silly for asking a question.
We don’t have a call centre and you can speak with Justin or Ian directly immediately – 2 specialists who know your rights and know all there is to know about Personal Injury compensation claims.
Contact us today to get the help you need. You can start your claim online or , and one of our expert team will be in touch. Alternatively, call us on 01225 430285. We’ll only need a few minutes of your time to let you know if you can make a claim.
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