My personal injury claim has been rejected – can I appeal the decision?

Posted Mar 19, 2019.
When considering personal injury claims that have been rejected, there are two main stages where your claim may be unsuccessful:1. Early Stage – where the solicitor or law firm has rejected your claim because they say it doesn’t have a sufficient chance of winning, or there is some other ‘technicality’ that makes your claim too difficult for them to handle

2. Late Stage – where your claim has gone through the full legal process but was ultimately unsuccessful based on the decision of a court.

Many law firms and solicitors who handle personal injury claims often will only run a case on a no-win, no-fee basis subject to that claim meeting their particular acceptance criteria. Many solicitors want an easy life, or they may lack the experience to run and win the more complex claims that are more likely to fail. For more details on why your claim may have been rejected at this early stage, take a look at our previous article about rejected injury claims here.

Why do some injury claims not succeed when others win?

If a case has been accepted by a solicitor but eventually fails to win, there are a number of reasons why, many depending on the type of injury claim (eg: an injury at work, road traffic accidents, injury in a public place, industrial disease, etc). Main reasons for failure at this late stage include:

A technical or procedural error in the running of the claim
Lack of evidence meaning that liability (eg: ‘fault’) cannot be proved
Important pieces of evidence being misinterpreted or misunderstood
An employer having enough evidence to prove they were not liable
Compensation is awarded, but the amount is too low

Remember that with personal injury claims, actually having to go to court is pretty rare. Most claims are settled way before this stage through a variety of well-established legal processes. 

Appealing an unsuccessful injury claim

To appeal a personal injury claim, you (or more likely, your solicitor) will need to prove the following to get permission to appeal from a higher court, usually within 21 days of the original decision:

That the appeal has a genuine prospect of being successful
Some other compelling reason for the appeal to be granted

Having submitted your appeal to the higher court (known as an ‘Appellant’s Notice’), the original decision taken by the lower court will be reviewed. No new evidence will be permitted. The higher court judge is then able to make the following decisions:

Order a new trial or hearing
Amend or set aside the original judgement
Refer back to the lower court if an issue needs determining
Make a costs order or an order for payment of interest

Your solicitor will be able to give you their assessment of the chances of your appeal being successful. As the costs of your appeal will often be covered on a ‘no-win, no-fee’ basis, if a solicitor is prepared to proceed they will believe that the chances of success are reasonable at least.

Bakers Solicitors – specialists in running and winning rejected injury claims

If your personal injury claim has been rejected, please don’t think that this is the end of the matter! At Bakers we pride ourselves on our experience in representing claimants who have been rejected and helping them to receive compensation that they are properly entitled to. 
Bakers are very experienced in assessing previously rejected personal injury claims of all types, from whiplash road accidents through to complex and high value serious injury claims. Our professional, friendly team have a long track record in winning cases that have often previously been rejected by more than one solicitor or law firm, and we love delighting our clients when they receive injury compensation that they thought they would never receive. 

So if your claim has been rejected, get in touch today for a free, quick and no obligation assessment of your case.