Differences Between Personal Injury Law in the US and the UK

Overseas study or work opportunities in law provide the opportunity to gain new experiences and skills, most of which involve a steep learning curve. For those looking to study or work on either side of the Atlantic, differences in tort lawis one such example, as this differs depending on the country, and in some cases, the state.

For this reason, it’s important to understand the different ways in which overseas legal systems work, as what applies to personal injury lawyers in Wichita, KS might be very different for lawyers based in London, England.

US and UK Personal Injury Procedures

Personal injury procedures in the UK and US tend to be dealt with similarly: in the first instance the defendant will contact a solicitor (in the US, a personal injury lawyer or attorney). There follows a fact-finding process, known in the US as a “discovery phase” undertaken by lawyers on both sides of the case, to gather evidence and liaise with relevant parties.

Court Trials

Personal injury cases on both sides of the Atlantic tend to be settled in mediation. In the event they are taken to court, UK cases are dealt with by one judge and no jury, while in the US, there tends to be a trial jury.

Unlike lawyers in the US, UK solicitors do not gather depositions. If required, witness statements are made in court without calling a witness or cross-examination. If this is later proven to be false, it can result in prosecution.

Liberty and Litigation: An American Myth

A common misconception about personal injury in the United States is that it happens frequently, the result of a tendency to view the US through the lens of popular (often fictional) culture showing the most dramatic side of the legal system.

In reality, litigation rates in the United States have been in decline in recent years, and while the right to a jury trial is enshrined in the Seventh Amendment, that doesn’t necessarily mean that defendants always use it (as in the UK, this largely relates to expense).

Damages and Compensation

There are two types of damages that can be claimed as a result of personal injury: special damages relating to anything with a monetary value and general damages from physical, mental or emotional distress.

Since it can be difficult to estimate the cost of these experiences, the price of general damages tends to be comparatively lower. Overall, damage claims are typically higher in the US, where the jury can make damage awards up to any limit in addition to recoverable punitive charges.

Tight Legislation in the UK

In the UK, personal injury lawyers are bound by strict legislation which does not permit them to approach clients in person (or use marketing “scare tactics”).

For this reason, claims management companies began to appear a few years ago as intermediaries between lawyers and clients. If you are a US citizen coming to study or work in law in the UK, you might see these advertised.