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Small Claims - Personal Injury

 

What Is a Small Claim?

This term refers to any civil claim where the value of the damages is £5,000.00 or less.

In personal injury compensation cases the small claims threshold is £1,000.00. This would relate to any minor injuries.

The small claims court was introduced to assist people in making a lower value claim without the need to instruct solicitors and incur costs.

Trade Union members will generally be entitled to free legal advice on accident compensation through their membership, so should contact their union for assistance in the first instance. For anyone who is not a union member that wishes to pursue a minor injury claim, a brief guide to making a small claim is provided below:

This fact sheet is intended as a general statement of the procedure and does not purport to render specific advice, legal or otherwise, specific advice on a particular problem should always be sought.

Can I Make a Personal Injury Compensation Claim?
Time Limits to Make a Personal Injury Claim
Establishing Liability
What Can I Claim Damages For?
First Steps
Commencing Court Proceedings
Response From The Defendant
Six Golden Rules to Making a Personal Injury Compensation Claim
Small Claims Example Cases

Can I Make a Personal Injury Compensation Claim?

Any individual that has suffered a personal injury as the result of the negligence of another party may be entitled to make a claim for compensation, also known as damages.

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Time Limits to Make a Personal Injury Claim

The general limitation period for all personal injury cases is 3 years from the date that the injury was sustained. Court proceedings should be issued within this time or the case may become ‘statute barred’, which will prevent a claim from proceeding.

There are some exceptions to this rule however, for example injuries sustained by those under the age of 18. In these cases the 3 year period would begin from the date of the person’s 18th birthday. Accidents occurring on a ship or plane are subject to a 2 year limitation period.

Injuries sustained in foreign jurisdictions and cases involving diseases may be subject to different rules. Under these circumstances, it would be best to seek advice from a solicitor.

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Establishing Liability

You will need to prove that the defendant (the individual or company that you intend to make a claim against) was negligent and that their negligence was the cause of your injury.

Each accident will have different circumstances, whether it may be a road accident, an accident in a public place or an accident at work. It is therefore important to obtain and record as much information as possible, including witness information and photographs of the location / your injuries where applicable.

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What Can I Claim For?

Injury Damages: For the most part, injury claims dealt with at the Small Claims Court will be those that gave rise to symptoms for around 1-3 weeks, with no long-term effects. Each case is assessed individually however, dependent upon the medical evidence.

In addition to the injury you sustained and any pain that this caused, you may also be able to recover damages for other losses. For example:

Loss of Earnings: If you had to take time off from work as a result of your illness or injury, you can include any loss of earnings in your claim.

Damage to Personal Property: This would apply if any personal items, such as your clothing or spectacles, were damaged in your accident and had to be repaired or replaced.

Injury Related Expenses: Any costs that can be attributed to your injury can be included in your claim. For example, if you are unable to drive and have to use public transport or prescription costs.

Anyone that suspects that the value of their claim may amount to more than £1,000.00 should seek the advice of a solicitor.

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First Steps

Initially, you should compose a letter to the defendants detailing the claim. This should include information about the incident and why you feel they are responsible. You should also outline your injuries and losses.

If you find that your letter is ignored or the defendants do not agree to compensate you, you may commence proceedings at this point.

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Commencing Court Proceedings

To begin this process, you will need to start the claim in your local County Court. You can find details of the relevant County Court on the Court Service Website. It may also be possible to obtain a Small Claims pack, which can be used as a guide.

The Claim Form that you require is an N1 form, which can also be downloaded from the Court Service Website. You should fill in your details as the claimant and the details of the person that you intend to sue as the defendant. If the defendant is a company (as opposed to an individual), you should use their registered office address. This can be found on the Companies House website if you are unsure.

Completing the N1 Form

1. In the section “Brief Details of Claim” write in the following: “The Claimant claims damages for personal injuries sustained and losses and expenses incurred in an accident that happened ( during the course of the Claimant’s employment and/or on the premises of etc) on or about ( insert the date of the accident) as a result of the Defendant’s negligence and/or breach of statutory duty”.

2. In the section “Value of Claim” insert: “I expect to recover not more than £1,000”.

3. The next step is to complete the “Particulars of Claim” section. The Court will not expect you to know the details of the various laws and regulations that relate to your case. What you will need to do is state the details of how your accident occurred and why you feel the defendant is responsible. For example:

a) If you were at work, were you provided with safe equipment, the relevant training and any necessary protective wear?
b) If your accident occurred in a public place or on someone’s property, was there something dangerous present that was likely to cause injury.
c) If you were involved in a road accident, did the other driver or driver of the vehicle that you were a passenger in perform a dangerous manoeuvre?

You will also need to outline any losses in the Particulars section, such as lost earnings or costs directly related to your injury.

4. The Statement of Truth (confirming that the details are correct to your knowledge) should be completed and the form signed before it is submitted.

Accompaniments

1. If you have visible injuries, such as bruising, wounds or scarring, photographs should be attached to the form.

2. If your accident occurred on public property, for example an injury caused by a defective, council-owned pavement, photographs of the accident location should be included.

3. There should be some evidence of your injury attached, generally a medical report. Your GP should be able to write a short report for you, sometimes this incurs a small fee.

Submitting the N1 Form

You will need to make three copies of the form and attached documents to your nearest County Court to be registered. They will stamp the documents and provide you with a case number. There is a fee for this service, which currently stands at £80.00. Two of the copies will be returned to you, one of which will be attached to a “Response Pack”. This copy is to be sent to the defendant by first class post. The remaining copy should be kept for your own records.

Sending the Response Pack, claim form and accompanying documents to the defendant is known as “service”, which is deemed to have taken place on the date 2 days after they are posted.

Important – There is a 4 month time limit from the date that the Court stamps the Claim Form within which you must serve proceedings. If you fail to do this, you will no longer be able to make your claim.

If Royal Mail are unable to deliver the documents, first check the defendant’s address. You may need to serve proceedings in person if you are unable to post them.

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Response From the Defendant

The Response Pack provides a number of options for the defendant. They can:

Admit Fault

• If the defendant admits that they were responsible for your accident / injury, the Court will arrange a disposal hearing. You will be required to attend the hearing, which will generally take place in a small Court room or District Judge’s room.

• The Court, and possibly the other side, will ask you questions about your injuries and an amount of damages will be decided. An Order for Payment will then be issued to the defendant, advising them of how and when to pay the damages. In a successful claim, you are also entitled to reclaim your costs (Court fees, the cost of medical reports etc). You should ask the Court that these be paid to you.

• Disposal hearings are not too formal, however you should still address the District Judge as “Madam” or “Sir” and ensure that you remain polite and calm. It is also important to bring with you any supporting documents.

Deny Liability / Admit Only Partial Liability

If the defendant decides to contest your claim:

• You will first be sent an Allocation Questionnaire by the Court. This has to be completed within a certain time period (the date will be provided by the Court) and returned. It will ask you to confirm the details of your doctor and whether you wish to call any witnesses to your accident or circumstances.

• You may subsequently be provided with “Directions” by the court, which are instructions as to how you should exchange any relevant documentation with the other side. You should follow these directions within the specified time period.

• Ensure that you have read any documents provided by the other side, this can include witness statements and you will be entitled to ask questions of any witnesses they call.

• You should be sure that any documents you wish to rely on are included in the trial bundle before the hearing in Court.

• In some cases the Court may require that you lodge a Listing Questionnaire, which will ask you to confirm that you are ready for the hearing to proceed and have followed all of the Directions given. The Questionnaire will ask you for any dates that should be avoided however it is not always used and sometimes the Court will simply list a hearing date. There is no fee payable for this.

Not Respond

• The defendant has 14 days from the service date to reply with a “Defence”, which is a legal document used to respond to your claim. They may instead file an Acknowledgement of Service with the Court (who will advise you that they have done this), in which case they will have 28 days within which to send the Defence.

• Sometimes the defendant may not respond at all. If this is the case, you will need to ask the Court to enter Judgment on your behalf. This can be done using the form at the foot of the Notice of Issue (given to you at the commencement of proceedings), entitled “Request for Judgment”.

• If the Court enter a Judgment against the defendant when they receive this, they will list the case for a hearing and proceed in the same way as if the defendant had admitted liability.

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Six Golden Rules to Making a Personal Injury Compensation Claim

1. Begin proceedings within the 3 year time limit (check with a professional for exceptions to this rule if you are unsure)

2. Serve proceedings within 4 months of the issue date

3. Collect supporting documents for your case (witness statements, medical evidence, records / receipts of your losses and costs)

4. Follow all directions from the Court in a timely fashion

5. Attend the Court hearing

6. In a successful case, ask for your costs and fees to be repaid

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Small Claims Example Cases

Below you will find examples of some personal injury cases pursued through the small claims court:

1. An operator/technician for a biscuit manufacturer was measuring the size of biscuits. The client did this by using a block into which the biscuit is placed. A guide bar is moved manually down to the biscuit and its size is measured by a ruler running alongside the block. The equipment is rather like a foot measurer found in a shoe shop. On this occasion, the guide bar was stiff. The claimant attempted to free it by moving it up and down, as she did so the guide nicked the edge of the ruler. This caused the ruler to flip up and cut her right wrist.

Liability was admitted by the claimant’s employers. A medical report was not obtained. An offer of £750 was accepted in settlement.

 

2. A second case involving an operator/technician for a different biscuit manufacturer, where there was a dangerous defect present in his workplace. The claimant was carrying a bag of ammonia on his shoulder leaning his head to one side. He passed a girder that suspended a platform. This had a protruding piece of metal and he hit his head on it.

Liability was denied by the employer on the basis that the claimant should have looked where he was going.

The claimant required 3 stitches to his head and made a recovery within 2 weeks. He was left with a small residual scar.

Court proceedings were commenced.

The case went to trial. Liability was split 50:50. An amount of £750 was awarded for damages. The Claimant received £375 compensation.

(Although the court’s decision on contributory negligence was fairly strict, the claimant would not have received any compensation at all if proceedings had not been brought)

 

3. A case involving an office worker. They were moved into a new office, where the set up of the air conditioning caused a draft to be directed onto the claimant’s neck, shoulder and arm.

Medical evidence confirmed that this aggravated a previously asymptomatic arthritic condition intermittently for possibly up to a year whilst she was sitting near the unit.

Liability was denied. The Defendant stated the air conditioning worked normally and the risk of injury was not foreseeable.

Court proceedings were commenced under the Workplace ( Health, Safety and Welfare) Regulations 1992.

The case was defended but ultimately settled for £850.

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