Although a personal injury case would usually proceed in the civil court, the pre-action process and alternative dispute resolution may make the step of issuing proceedings unnecessary. This may be a better solution for our clients for a number of reasons:

  • with a civil claim, there is a generous limitation period which gives a person longer to consider the best outcome for themselves;

  • in civil court proceedings, the parties can agree standstill agreements to allow for negotiation/mediation; and

  • the new costs regime in civil action personal injury cases can make this an attractive option.

If a client does not fall within the category of ‘worker’ or the other categories protected under the Equality Act 2010, there are alternative claims that may be available in the civil courts, based on torts such as negligence, breach of duty, and assault to the person. Farore Law advises its clients on all these matters in a thorough and accessible way.