One of the most common questions we are asked is whether you will need to go to court when making a personal injury claim.
In most cases, the answer is no.
Only around 2–3% of personal injury claims proceed to a court hearing. The majority of claims are settled without anyone needing to attend court.
In this article, we explain how personal injury claims are usually settled, when court proceedings may become necessary, and what to expect if your claim does go to court.
How Are Personal Injury Claims Usually Settled?
Most personal injury claims settle out of court through negotiations between the solicitors representing each party.
Once your solicitor has reviewed liability and obtained medical evidence, they will negotiate with the defendant’s insurer to reach a fair settlement. This approach is typically quicker, less stressful, and more cost-effective than going to court.
What Happens If an Agreement Cannot Be Reached?
If negotiations do not result in an agreement, your solicitor may issue court proceedings. However, issuing proceedings does not mean your case will automatically go to trial.
Even after proceedings begin, many claims still settle. The court actively encourages resolution, and it often suggests a joint settlement meeting before setting a trial date. This gives both parties another opportunity to resolve the claim without attending court.
When Might I Need to Go to Court for a Personal Injury Claim?
Although rare, certain situations make court proceedings unavoidable. These include cases where:
- The defendant denies liability
- Both parties cannot agree on the value of the claim
- The case involves legal or medical complexity
- The claim falls outside the time limits set by the Limitation Act 1980
- The claim is made on behalf of a child or protected party
In these circumstances, the court may need to decide the outcome. Your legal team will guide you throughout and advise you on the most appropriate course of action.
What Happens If I Do Have to Go to Court?
If your claim does proceed to court, your solicitor will explain the process clearly and prepare you thoroughly.
Below are answers to some of the most common questions.
Will I Have to Attend Court in Person?
In most cases, yes, you will need to attend court and give evidence. While this can feel daunting, your solicitor will ensure you understand what to expect and feel fully prepared.
For more straightforward cases, or where the judge can decide the matter based on written evidence alone, your solicitor may be able to present your case without you giving oral evidence.
Will There Be a Jury?
No. Personal injury claims take place in the civil courts, where a judge makes the final decision.
What Happens During the Hearing?
Your barrister and the defendant’s barrister will present their arguments to the judge. The judge may hear evidence from you, from witnesses, and from medical or other expert professionals before reaching a decision.
What Happens After the Hearing?
If you succeed, the court will usually award compensation.
If your claim is unsuccessful, you may have the option to appeal, depending on the circumstances. Your solicitor will advise you on whether an appeal is appropriate.
Making a Personal Injury Claim
Making a personal injury claim, and worrying about the possibility of going to court, can feel overwhelming, particularly while you recover from your injuries. However, it is important to remember that most personal injury claims never reach a courtroom.
Even in the unlikely event that your case does go to court, experienced legal representation can make the process far less stressful.
At NJS Law, our personal injury specialists offer clear advice, understanding support, and a strong commitment to negotiating a settlement on your behalf.
If you have suffered an injury in an accident that was not your fault and would like to discuss your options, please contact us to arrange a free, no-obligation consultation.
Tell us what happened using the enquiry form on this page.
Thinking about a claim? Read about Road traffic accident claims and how No Win No Fee works, or send us your enquiry.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.