Many people are hesitant to make a personal injury claim as the thought of going to court fills them with dread. This is understandable, as you may already have been through a lot. You may be experiencing mobility issues and pain, not to mention a great deal of stress, as a result of your injury.
However, you shouldn’t let worries about attending court put you off making a claim. Most personal injury claims don’t make it to a court hearing – in fact, it’s only about 5%. And you deserve compensation for the effect the injury has had on your life.
Let’s take a look at how many personal injury claims go to court in the UK for personal injury cases to ease your mind.
What percentage of personal injury claims go to court in the UK?
Surprisingly, only a small percentage of personal injury claims go to court. Many personal injury claims – 95 – 97% – are resolved before ever starting the court process.
Court proceedings are time-consuming and expensive for both parties involved, so it’s usually a last resort. Typically, only the most complex claims, such as extremely serious instances of medical negligence and life-changing injuries, make it to court.
There are, of course, occasional exceptions to this rule. But even in these situations, the personal injury lawyers at Injury Lawyers Direct will continue negotiations right up until the date of the trial.
Both the defendant and the court would prefer to avoid a formal hearing just as much as you would. It’s often the case that even complex cases are settled out of court at the last minute.
Why is my personal injury case going to trial?
Frustratingly, most personal injury claims go to court when both involved parties cannot agree on either who was at fault or how much compensation your claim is worth.
The main reasons your case may require court proceedings are:
- The defendant is denying liability, so a judge has to decide who was responsible.
- Liability is partly accepted, but there’s a disagreement over how serious your injuries are or how much compensation you should receive.
- The defendant or their insurer is making offers your solicitor considers too low or unreasonable.
- The limitation deadline (usually three years from the accident or date of knowledge) is approaching, so proceedings were issued to protect your claim, and it has now progressed to court.
- There are complex or high‑value issues (for example, serious or life‑changing injuries) where the court’s decision is needed to assess long‑term losses.
What happens if my personal injury claim goes to court?
If your personal injury claim does go to court, your solicitor begins a formal court process. This is where a judge will decide who was at fault and how much compensation you may be entitled to.
Here’s how the personal injury claim process for court proceedings goes:
- Court proceedings are issued – Your solicitor prepares and issues a claim form and supporting documents to the court and the defendant.
- Evidence is gathered and exchanged – Both sides exchange key evidence, such as medical reports, witness statements, documents about the accident, and proof of financial losses.
- Negotiations continue – Even once court proceedings start, your solicitor and the defendant’s representatives will continue to try and settle the case. This can often be with formal settlement offers or negotiation meetings.
- The court hearing – If no agreement can be reached, the court lists a final hearing in a civil court. There is usually a judge, legal representatives for each side, but no jury. During the court hearing, both sides give an opening summary. Witness statements will be reviewed and discussed, and the judge may also hear from medical or other personal injury experts. Your solicitor speaks on your behalf and guides you through what to say and do.
- The judge’s decision – The judge decides whether the defendant was at fault (and if you were partly to blame) and sets the amount of compensation (general damages for pain and suffering, and special damages for financial losses). The decision can also cover who pays legal costs.
Will I have to give evidence in a personal injury court case?
You may be asked by the judge to provide more information regarding the accident and what you said in your statement.
The defendant’s solicitors may ask you questions about your injuries and to clarify your statement. However, be assured that our experienced personal injury solicitors will guide you through every step of the process.
Does starting court proceedings mean my claim will go to court?
No, starting court proceedings doesn’t mean you’re automatically going to court. In fact, the vast majority of cases settle before a court date is set, even after proceedings have begun.
If negotiations have stalled, the liability is disputed, or the three-year limitation deadline is approaching, your claim must be protected.
Your solicitor will issue a claim at court, which brings the court into the process and sets a timetable towards a possible hearing.
Your claim can still be settled during the court proceedings, as your solicitor will continue to try to negotiate with the defendant.
How long does a personal injury claim take if it goes to court?
If a personal injury claim runs through the court process to the final hearing, it can add many months to the timeline. Some complex cases can even take between 18 and 36 months from accident to resolution.
Court proceedings can add around 12 to 24 months to what might otherwise have been a 6 to 18-month settlement window.
What can I do to avoid my personal injury claim going to a court hearing?
While you can’t guarantee avoiding a court hearing, there are things you can do to make an early settlement more likely.
- Build strong evidence early – Report the accident quickly to your employer, insurer and any local authority. Ensure you keep copies of the accident report, too. Keep medical records and photographs, try to obtain witness details, CCTV, dashcam footage, and any proof of financial losses.
- Work closely with a specialist solicitor – Obtain the services of an experienced personal injury lawyer, like us at Injury Lawyers Direct. They know how to navigate every step of the process and can leave you to concentrate on your recovery.
- Engage in negotiations – Respond promptly to requests for information so your solicitor can keep negotiations moving smoothly. Also, be open to sensible offers. If you continue to reject reasonable compensation offers, you’ll end up with a stalemate and a court hearing.
- Don’t panic if proceedings are issued – Even if your solicitor issues court proceedings, negotiations can continue right up to the hearing date, so don’t worry. Just continue as you are, responding promptly any time your solicitor gets in touch.
- Look after your recovery – Follow medical advice and attend appointments. If there are any gaps in your treatment, this can make insurers question how serious your injuries are and push harder towards a formal court hearing.
Speak to expert personal injury solicitors for a free initial consultation
Have you suffered an injury that wasn’t your fault? If so, the team at Injury Lawyers Direct can help you when making personal injury claims.
Plus, we’ll do our very best to ensure your claim does not reach the court.
We’ve been through the entire process hundreds of times, helping people all over the UK achieve some form of compensation after filing a personal injury claim. And the best thing? It won’t cost you a penny if we don’t win the case.
We’re a team of no win, no fee solicitors, so you only pay us if we’re successful. Interested in filing a personal injury claim with Injury Lawyers Direct? Make a claim today by calling 0800 110 5888.
