When we deal with workplace personal injury claims, we know the claimant is normally very nervous. It takes courage to bring a compensation claim against your employer. So, if you are offered an early settlement, should you accept it?
Most claims never reach court
Ignore what you see on television; in real life, most personal injury cases never reach court. And this is a good thing. Court is expensive and stressful for all involved. 
The job of a personal injury solicitor is to achieve the best compensation for you. This may not occur by going to court, especially if a Part 36 offer is made (as we shall see below). There are other ways to reach a financial settlement, such as Joint Settlement meetings and/or mediation. These may be a better option, especially if the defendant is your employer.
The process of a personal injury claim
The first step is to instruct a personal injury solicitor. They will evaluate your case and advise you on the chances of making a successful claim.
Your solicitor will build the case and then write to your employer, stating that you are making a claim for negligence (this is known as the Pre-action Protocol). Building a case may involve having an independent medical examination performed and/or instructing expert witnesses.
Your employer will have 90 days to conduct its own investigation into the matter, and either concede that they were negligent or challenge the claim. If the claim is challenged, your lawyer will issue court proceedings; however, this does not mean you will end up in court.
Part 36 offers
At any time during proceedings, the claimant or defendant can make a what is known as a Part 36 offer. The party making the offer can do so by:
- stating the amount of responsibility on their part for the injury they are willing to accept
- stating how much they are prepared to settle the claim in monetary terms
- stating both of the above
An offer of compensation under Part 36 does not necessarily mean that a party is admitting liability.
A Part 36 offer can be accepted 21 days after it has been made. If you do not accept in this time, the offer can be withdrawn.
Part 36 offers are highly tactical. If the offer is rejected, but you then fail to beat the offer at a later trial or settlement, you would be responsible for the other party’s costs from the date of when you could have accepted the offer (i.e. after the expiry of the 21 days) up until settlement of the claim.
This means that your compensation is likely to be swallowed up by legal costs. However, if you beat the offer, then the other side will be responsible for all your costs.
If you are made a Part 36 offer by your employer, your solicitor will advise you on the best action to take.
Mediation
Sometimes mediation can provide a bridge in cases where early settlement cannot be reached, but both you and your employer wish to avoid court proceedings.
The courts are also prepared to impose harsh cost penalties on parties to a personal injury case who refuse to mediate. You can refuse mediation on certain grounds, such as reasonably believing you have a very strong case or mediation costs being disproportionate. However, case law makes it clear that judges consider most cases suitable for mediation to at least be attempted.
Mediation can work well in cases where you are claiming compensation from your employer. Because it is designed to be non-confrontational and create a win-win solution, mediation can help ensure the employer/employee relationship is preserved.
In summary
Your personal injury lawyer will advise you on the best course of action to take once you have an offer of compensation from your employer. If the offer is likely to be equal to or more than you would receive in court, it may be best to accept it. But if it is too low and your solicitor is confident you will be offered more later, then the phrase, “good things come to those who wait” may apply.
Free Claim Assessment
At Russell Worth Solicitors we specialise in personal injury claims. If you have been injured and would like a free claim assessment so that you can understand your rights, please call us now on 0800 028 2060 or complete our Online Claim Assessment.
