Changes To The Personal Injury Claims Process

By Chelsea Lawson, 3rd May 2020

The government plans to introduce changes to the Personal Injury Claims process.  These changes will affect the amount of compensation Claims received and include:

  • The small claims limit increasing from £1,000 to £5,000 for road traffic accident not including pedestrians, cyclists motorcyclists and horse riders, and from £1,000 to £2,000 for other claims
  • A new personal injury discount rate plus regular rate reviews, with an expert panel advising the Lord Chancellor. 

Following the COVID-19 pandemic, the government announced that the reforms will be pushed back until April 2021.  This delay is to allow more time to prepare for the changes, including changes to the Civil Procedure Rules. 

What This Means for Claimants

Once the changes have come into effect, Claimants will be able to make their claim directly through an online portal.  With the small claims limit increase this will lead to more cases being processed as small claims.  Claimants will, in most cases, have to pay their own legal costs, even if successful.  This would mean that for many the only option will be to represent themselves. 

This would mean that some Claimant’s will not receive the compensation they are rightly due and some may also find the process very stressful. 

Importantly, if you have had an accident resulting in injuries in the last three years, you should look to get representation in place now and start the claims process before April 2021. The increase in the small claims limit will apply to accidents that arise after that date and possibly to claims commenced after that date, even if the accident occurred prior to April 2021.

Next Steps

Here at Goughs, we offer a free 30 minute consultation where we could talk about the options available and any likely costs involved. To ensure you are not left to represent yourself, click here to book your consultation. 

If you would like to discuss a claim please do get in touch with our Personal Injury and Medical Negligence specialists on 01249 444499