In previous articles we have discussed the impact of the changes the Government is proposing in relation to personal injury claims.
The impact of these changes is that in practice, legal representation is likely to be unavailable for personal injury claims worth less than £5,000 – covering the majority of routine injury claims. In order to bring a claim, injured people will need to represent themselves in the process.
Procedure Changes To The Small Claims Limit
Claim Procedure
In order to bring a personal injury claim you must follow certain rules and procedures. It is not yet clear how exactly the Government proposes these types of claims to be run, but it is likely that claims will be submitted via an online ‘portal’ system, such as that currently in use for low value injury claims.
The portal has its own set of rules and strict deadlines. It can only be accessed electronically, so the injured victim will need access to the internet and a computer, which many people still do not have access to or may lack IT skills.
If the claim cannot be resolved within the online system (and there are numerous reasons why it might not), then a whole different set of rules apply, with a separate procedure and new timescales.
Gathering Evidence
It is up to the injured person to prove their case – they must persuade their opponent (and the Court if it goes that far) that they are entitled to make a claim, that their opponent is liable, that they suffered the injuries and losses alleged and are entitled to compensation.
A claim must have evidence. There are many rules relating to different types of evidence, including documents, witness statements and expert reports.
Even in the most straightforward of personal injury claims, there would usually be at least one report from an expert, usually an independent doctor specialising in their injury. Under the changes, the injured claimant would need to source such a doctor, agree their fees, arrange an appointment and interpret the report.
Would you know how to find an expert to provide a report, or what type of expert you need? Would you know what documents the expert needs to see and how to instruct the expert?
Court Procedure
If the claim cannot be settled through negotiation, the next step is to issue Court proceedings and potentially go to trial. These procedures come with yet another set of very detailed rules and time limits.
Some claimants may be able to negotiate their way through the Court process but for the vast majority of people this will be very difficult or impossible without legal representation.
If they were to ‘go it alone’, they would be met with a well resourced, experienced opponent, who will undoubtedly have a solicitor and a barrister representing them. This will clearly put the unrepresented claimant at a significant disadvantage.
Whatever the value of a claim, due legal processes must be followed irrespective of the amount of compensation at stake. Obtaining and properly presenting evidence requires many of the same considerations whether the claim is worth £1,000 or £1 million.
Without legal representation the barriers to people receiving redress for their injuries are huge and the impact on access to justice is significant for thousands of people.
For more information, contact us our Personal Injury team via our online form or call 0800 024 1976.