You may have seen our recent article about significant changes the Government is proposing in relation to personal injury claims.
In summary, it is suggested that personal injury claims worth less than £5,000 should be dealt with by the Small Claims Court, thus removing the ability to claim many of the legal costs of pursuing those claims.
This will make it very unlikely that solicitors will be willing to act under ‘no win no fee’ agreements, and it is likely to result in injured victims having to bring their claims without legal representation.
The suggestion is that lawyers are not required in personal injury claims worth less than £5,000. However, in this and the following articles in this series, we will explain why this is simply not the case.
Valuing An Injury Claim
The current limit for claims in the small claim track is £1,000, which in the vast majority of cases are very minor injuries. Raising the limit to £5,000 will catch a huge number of additional claims including injuries which are not minor at all, for example:
- Immediate unconsciousness/death within one week: £1,160 – £2,340
- Minor brain or head injury: £1,840 – £10,870
- Less severe post-traumatic stress disorder: £3,300 – £6,850
- Neck or back injuries with symptoms up to two years: up to £6,600
- Fractured cheekbone with surgery £3,630 – £5,390.
The Government proposes that injured victims should be able to establish for themselves how much compensation they are entitled to. This involves considering not only the value of the compensation but also reviewing previous similar court cases, and considering financial losses such as past and future loss of earnings, and expenses such as travel and medication.
There are also losses that people may not be aware they can claim for, such as unpaid care and assistance provided by friends or relatives. Without a solicitor, would you know what you are entitled to and how much?
You may face arguments from your opponent – usually an insurance company with access to comprehensive legal advice – over the amount of compensation, and will have to judge whether any compensation offer they make to you is fair or not. If your opponent denies liability, the legal questions of who is liable can be complex and require interpreting legislation and case law.
Whether the average person would have the resources and confidence to undertake a full valuation of their claim is uncertain.
Low value does not mean simple
The point is that a ‘low value’ claim does not equate to an ‘easy’ claim. The value of compensation does not dictate the complexity of the issues involved in the claim.
Raising the small claims limit to £5,000 will include the vast majority of routine personal injury claims, leaving huge numbers of victims unable to take legal advice in order to guide them through the complexities of a claim.
This raises serious concerns about access to justice for thousands of claimants.
For more information, contact us our Personal Injury team via our online form or call 0800 024 1976.