Step 5: Personal Injury Claims
Minor Injuries
The £1,000 small claims limit for personal injury claims refers to the value of the "pain, suffering and loss of amenity" element of the claim (the "general damages") as distinct from your financial losses ("special damages").
It is not always easy to assess how much your injuries are worth. One useful reference tool is the Judicial Studies Board "Guidelines for the Assessment of General Damages in Personal Injury Cases" published by Blackstone Press. A copy should be available at your local library. The CAB or Court office may also have one. The book gives an indication of the level of compensation which Courts award for the most common types of injury.
No Win - No Fee
Unless your injuries are relatively superficial, such as minor cuts and bruises we recommend that you seek a second opinion from a legal specialist. If your injuries are worth more than £1,000 then consider appointing a lawyer to represent you.
This is because personal injury law can be a technical and complex area. It is governed by its own pre-action protocol and as Defendants are usually insured the claim is likely to be dealt with by a firm of solicitors on their behalf.
These days many organisations offer representation on a conditional fee (no win - no fee) basis. Most will assess your case free of charge and some offer insurance against losing (and being ordered to pay the other side's legal costs) for less than a few hundred pounds. However we would recommend that you avoid entering into expensive loan agreements or signing up to a scheme that means that you could end up paying a large part of your compensation to someone else!
Issuing a Small Personal Injury Claim
If you are a dedicated legal DIY'er and decide to go ahead with your small personal injury claim remember to restrict your general damages claim to £1,000.
It doesn't matter if the non-injury/financial element of the claim (e.g. loss of earnings, car hire costs, travelling expenses) makes the claim worth more than £1,000, so long as the combined value does not exceed £5,000.
Medical Evidence
The Courts usually base the general damages award on expert evidence which is generally provided in the form of a medical report. In most small claims a short report from your GP should be enough, but do check the cost with the surgery beforehand as some GP's charges can be substantial!
Particulars of Claim
In addition to following all the usual principles remember to include your date of birth and if you are relying on a medical report, refer to it in the particulars.
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