The Small Claims Court was established to help regular people seek justice for minor civil matters. The Court processes claims up to the value of £5,000.00. However, the maximum value they can process for a personal injury claim is £1,000.00.
Personal injury claims and the Small Claims Court
Because the Small Claims Court can only process personal injury claims with a value up to £1,000, it is only suitable for minor injuries. As a reference, we would say that injuries with no more than 2-3 weeks’ recovery time are suitable for the Small Claims Court. However, you should also take into account your level of pain and suffering and your prognosis for the future, because you could be owed a lot more than £1,000.00.
Putting forward a claim
If you have been injured as a result of somebody else’s actions, and you can prove this, then you probably have a strong case for financial compensation.
To be successful with any claim, you have to establish that somebody else was to blame for your injuries and present evidence to support your claim. The Defendant (the person you are claiming against), could be your employer, another motorist, or simply a member of the public. You must also prove that your injury was sustained through negligence – this is called causation. Providing you can do this, then you will have a strong personal injury claim.
The claims process with the Small Claims Court
You should prepare your case for compensation and pay the Small Claims Court a court fee to issue proceedings. You should then hand your case over to the court, where it will be passed onto a legal expert. You should also demonstrate that you have attempted to settle prior to issuing proceedings, by presenting a Letter of Claim and pre-court letter.
Once the Small Claims Court has your case, it will be filed, until a time when it is your case’s turn to be heard. This can take as little as 6 weeks; however, most claims take a few months to be processed so it’s important to remain realistic with regards to timeframes.
I want to claim more than £1,000. What should I do?
You should seek legal advice with a reputable law firm, and consider having your case processed by a lawyer, such as those at ukclaimlawyers.co.uk.
Your personal injury claim will be processed on a ‘no win, no fee’ basis, meaning you will not have any legal fees to pay upfront nor during the claims process. And crucially, it will be possible to make a claim for considerably more than £1,000. This is the best option if you have suffered injuries that are moderate, severe or life-changing.