Litigation is a serious sounding word. And while it exists to resolve serious issues, it’s nothing to be anxious about. Litigation can often help people receive the compensation they deserve.
Litigation is a formal legal process used to settle disputes between parties, such as between an employee and their employer. It’s used when an agreement can’t be reached between parties through informal talks and negotiations.
For personal injury claims, litigation allows someone to legally seek the compensation they deserve after an accident or incident that caused them an injury. It helps to hold the responsible parties accountable.
Here, we’ll explain exactly what litigation is in the context of personal injury claims and how it works.
What is litigation in personal injury?
In personal injury cases, litigation is the formal legal process where an injured party seeks compensation. It usually happens when a claim is refused or can’t otherwise be agreed upon through direct negotiation. Litigation provides a set of official steps to pass through, with the case ultimately presented to a judge who will make the final decision on whether or not compensation will be given and how much will be awarded.
For example, if you’ve been injured at work and you believe your employer is at least partly at fault, you can ask for your employer to compensate you. However, they may refuse to do so, or offer you an unfairly small amount of compensation. If the matter then can’t be settled by negotiation, litigation can be used to pursue your compensation claim.
When is litigation necessary in a personal injury case?
The vast majority of personal injury claims are settled through negotiation, with only around 2% to 3% of cases going to court. However, in some situations, litigation may need to be used, such as:
- Denial of liability: The at-fault party, or their insurer, disputes responsibility for the accident and argues that they aren’t at fault.
- An unfair compensation offer: The settlement offered is too low and doesn’t adequately cover the injuries and losses involved.
- The complexity of the case: Some cases are complicated and can involve multiple parties. Litigation may be needed to untangle the details and ensure fairness.
Although litigation can seem like a significant step, it’s a common and effective way to seek the compensation you’re entitled to. With the guidance of expert solicitors, you can feel confident and assured through every step of the process.
The personal injury litigation process explained
To help you understand what to expect if you’re looking into litigation for a personal injury claim, the settlement process usually follows these steps:
Step 1: Pre-action protocol
Before any court proceedings begin, your solicitor will usually take steps to encourage the defendant, or their insurance company, to settle with you. This typically involves sending a formal letter of claim to the defendant, outlining your case, your evidence and the compensation being sought.
The aim here is to try and resolve the matter quickly, to get you the compensation you deserve without formal litigation.
Step 2: Issuing proceedings
If the defendant still disputes your compensation claim or doesn’t respond satisfactorily, your solicitor will formally issue court proceedings. They’ll file your claim in either the County Court or High Court, depending on its complexity and value, formally beginning the litigation process.
Step 3: Exchange of evidence
Here, both parties will share their relevant evidence, including medical reports, financial loss records, and witness statements. This ensures transparency and allows each side to prepare their case.
Step 4: Case management hearing
The first time the parties and their representatives appear in court. During this initial hearing, the judge will outline a timetable for the steps of the case, ensuring both parties know what to expect and when.
Step 5: Trial
Most personal injury cases are settled before they reach trial, but sometimes this last step becomes necessary. A jury won’t be involved. It will be the judge who will assess the evidence and make a final verdict. The judge will determine who is at fault, whether compensation must be paid, and how much.
What can you claim for in personal injury litigation?
The goal of personal injury litigation is to secure compensation to cover both your financial and emotional losses from an accident or incident that left you injured or unwell. This includes:
- Special damages: These are reimbursements for quantifiable financial losses, such as medical expenses, a loss of earnings, travel costs, and long-term care needs.
- General damages: Compensation for losses that can’t be directly quantified, like pain, suffering, and the emotional distress caused by your injury or illness.
The purpose of litigation is to ensure the injured party receives a fair level of compensation that covers all their losses to help them recover and move forward after an injury or illness. You can use our personal injury compensation claims calculator to give you an idea of how much you may be able to claim after an injury or illness.
No win, no fee litigation: How It Works for You
A lot of people worry that as well as being complicated, litigation can be expensive, and that you might be left out of pocket.
We want our clients to be able to seek the fair compensation they’re due without being limited by their financial situation. We operate on a no win, no fee basis for our personal injury compensation claims.
Our no win, no fee promise takes all of the financial risk out of making a personal injury claim. You won’t have to pay any upfront fees and there are no hidden costs. If your claim isn’t successful, you won’t have to pay us a penny.
How Express Solicitors supports you through litigation
At Express Solicitors, we can help guide you through every step of the litigation process, from the initial consultation with us to the resolution of your case. Our expert team will handle all the legal complexities. We will make sure you understand the current status of your case and what to expect. With our help, you can focus your time and energy on recovery, while we handle your litigation.
If you’ve been injured in an accident that wasn’t your fault that happened in the last three years, you may be able to make a personal injury claim to seek compensation. Don’t hesitate to get in contact with our no win, no fee solicitors today. Call us today on 0161 768 8757 or fill in a contact form and we’ll get right back to you.