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A claim is classified as a 'small claim' by the courts if
the value of your overall claim is £5000 or less, or
if the value of your injuries is £1000 or less. The
value of your injuries is decided by how long you are predicted
to suffer from them by a doctor (or if you have already recovered,
how long they lasted), which means that we have to obtain
a medical report saying how long they have lasted and how
long the symptoms are likely to last.However, the way in
which your claim is dealt with (and what you can claim for)
is different in each case.
Although every type of injury is different, if your symptoms
have lasted, or are likely to last, less than 4 or 5 weeks,
then your claim will probably be a small claim. However,
if they last longer than this (even if they are only relatively
minor), then your claim may not be a small claim.
Unfortunately, it does not matter how serious your injuries could have
been: it is the actual injuries that you have suffered
which determines the value of your claim.
How this affects your claim
In cases worth over £1000, if you win, the other party
has to pay your legal costs as set out in the section 'how
we are paid', and you would not have to pay anything out
of your compensation.
However, for claims worth £1000 or less, then you
are only entitled to recover limited legal fees for pursuing
your claim. The figure is usually a maximum of £80.
This would not cover the usual costs of us representing you
and any amount of our fees over this amount would have to
be paid by you out of your compensation.
As most personal injury claims will cost in excess of £700
to pursue (because the other party's insurer will rarely
admit liability and simply pay out with no questions), in
most cases this would mean that you would have to pay out
most, if not all, of your compensation in legal fees.
In some cases, if liability has been admitted or your case
is straightforward (and thus we can keep the legal fees within
a lower range), then we can agree to handle your claim for
a fixed amount, so that you know how much will be deducted
from your compensation and decide whether it is worth while
us acting for you.
Please
contact us for further information.
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