Small Claims Court: How To Determine If Your Personal Injury Is Classed As A Small Claim
Discover when your personal injury claim is considered a small claim in England and Wales; exceptions to small claims being run in the small claims court and what happens to the legal costs in such claims.
We also discuss when it might be best to use a solicitor to assist with your claim.
- Small Claims Court: How To Determine If Your Personal Injury Is Classed As A Small Claim
- What is the small claims court?
- What are the elements of an accident claim for which compensation can be claimed?
- When should an accident claim proceed in the small claims court?
- Who decides if a claim is allocated to the small claims court?
- What happens to legal fees in a small claims court matter?
- Should you have a solicitor help you make a small claim?
- What if you have the benefit of legal expenses insurance?
- Summary And Next Steps
- Free Online Claims Assessment / Free Callback
- What is the small claims court?
What is the small claims court?
The “small claims court” is a slightly misleading phrase as there is no separate small claims court, but one court known as the county court which has different procedures depending on how large a claim is.
The three tracks are the “small claims track”, the “fast track” and the “multi track”.
Claims that are dealt with in the small claims track are often referred to as being dealt with by the small claims court and as the name suggests are the lower value less complex claims.
What are the elements of an accident claim for which compensation can be claimed?
A claim for compensation following an accident is made up of two main parts:
Compensation for pain and suffering
Compensation for pain, suffering and loss of amenity for physical or psychological injury is known as general damages for personal injury.
See our traffic accident compensation article which explains in more detail what these losses are in a typical personal injury claim, such as a road traffic accident.
Compensation for financial losses and expenses
Financial losses include: the cost of repair to a vehicle (in a car accident), lost income due to inability to work from an injury sustained, care and assistance in the home, etc. (the list is varied and long). This type of loss are known as special damages.
See our car accident compensation article for typical examples of special damages in a road traffic accident claim.
When should an accident claim proceed in the small claims court?
For an accident claim to be made in the small claims court in England and Wales, the following conditions must be satisfied:
| The Nations Of The UK May Have Different Rules |
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| The different legal jurisdictions that make up the UK may have different rules concerning when a claim is considered a small claim. England and Wales are one legal jurisdiction – whereas the rules for Scotland and Northern Ireland can vary. |
Pain and Suffering Should Be Less Than The Small Claims Limit
The claim for pain and suffering for physical and/or psychological injury should be worth less than the small claims limit. However, what is classed as the small claims limit can vary as new laws are made and as time goes by.
£1,000 was the small claims limit threshold in England and Wales for accidents prior to the 6 April 2022. Now there are different small claims limits depending on the type of personal injury claim.
| Change In The Small Claims Limit For Road Accident Claims |
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| Since 31 May 2021 for road accidents only the small claims limit was increased to £5,000. However – there are some exceptions (see our road accident small claims article for full details) |
| Small Claims Limit Change For Employer’s Liability And Public Liability |
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| EL refers to employers liability (such as work accidents). PL refers to public liability (such as an accident in a shop or a highway trip and fall). On 6 April 2022 the small claims limit for El / PL was increased to £1,500, for accidents occurring on or after 06.04.2022. Accidents prior to 6 April 2022 are still subject to A £1,000 small claims limit. |
Your overall claim should be less than £10,000
The overall claim (pain and suffering plus financial losses) should be worth less than £10,000 to be classed as a small claim; and
Your claim should not be considered too complex
If a claim that is below the small claims limit value, but is of a type considered as complex – it is likely that the claim will not be allocated to the small claims court.
For example – a medical negligence claim or a personal injury claim involving a child can be considered more complicated.
| Check With A Solicitor If Your Claim Is A Small Claim |
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| Some claims might seem to you small. However, we recommend you speak to a solicitor to assess the value of your physical or psychological injuries. Quite often personal injuries will be worth over the small claims limit. |
Who decides if a claim is allocated to the small claims court?
The court decides if a claim is to be allocated to the small claims court.
Issue at court and the allocation questionnaire
After the claimant starts the claim at court – the court will send out a document known as an allocation questionnaire to be completed by both the Claimant and the Defendant.
Based upon the information contained within the allocation questionnaire – the court will decide if the claim should proceed in the small claims court.
What happens to legal fees in a small claims court matter?
Generally, at the end of a personal injury claim – the loser pays the winners legal costs,.
Limited costs paid
However, in a small claims matter the only order the court can make is the loser pays the winners fixed costs.
Fixed costs include:
- Court Fees.
- A small amount for expert fees (such as a medical experts).
- A small amount for witness expenses.
- A very limited amount for legal fees, such as drafting a particulars of claim.
Should you have a solicitor help you make a small claim?
Unfortunately, should you instruct a solicitor privately – your legal fees will far exceed the amount you can recover in your claim even if you are successful.
Expensive legal fees to avoid
Therefore, it is best not to have a solicitor acting on your behalf in a small claim – unless you are happy to pay a large legal costs bill win or lose your claim.
What if you have the benefit of legal expenses insurance?
However, there is an exception if you have the benefit of legal expenses insurance (such as legal protection cover on household contents insurance).
Legal fees paid by your insurer
With legal expenses – it would be worth your while using a solicitor to make your claim.
Your insurance policy should pay the legal costs; Legal fees should be paid even if the claim will be dealt with in the small claims court.
Summary And Next Steps
You have discovered all about small claims compensation claims. Including – who decides when a claim is small and how to avoid paying a solicitor’s costs in claiming compensation.
See our accident compensation claim article to see an overview to the UK claims process for all types of accident claim.
Free Online Claims Assessment / Free Callback
It is quite likely that your compensation will be worth over the small claims limit if you suffere personal injury in an accident.
Therefore, we recommend you speak to a specialist solicitor to see if your claim is likely to be beyond the small claims limit. You can consider a no win no fee agreement to fund a solicitor if your claim is beyond the small claims limit.
Why not use our free online / telephone solicitor assistance. You can receive an online assessment, ask a question or arrange for a specialist solicitor callback.
