When you imagine making a personal injury claim, you likely picture a courtroom setting, a jury, witnesses, the lot. However, thankfully only a small percentage of legal cases actually end up in court. And if your case does make it to court, it’ll be a judge that decides the outcome rather than a jury.
In this guide, we’ll dig into how many personal injury claims go to court, what can lead to court proceedings and whether you’ll need to attend in person if your case does go to trial.
How many personal injury claims go to court?
When a case goes to court, it brings along with it further costs and added time — that’s why in most cases, it’s better to resolve issues before it gets to this stage. Thankfully, only 2% to 3% of personal injury claims end up being resolved in court. In fact, between October and December 2023, there were approximately 402,000 claims initiated in County Court, with just 13,000 being personal injury claims. Out of these, only about 3% proceeded to trial.
Why might a personal injury case go to court?
A personal injury claim case will generally go to court if the following has occurred:
Liability is in dispute
If the defendant denies liability for the personal injury, court proceedings might be needed to prove their negligence. This puts the fate of the case in the hands of an unbiased judge who will review the evidence and decide whether or not the defendant caused your injury.
Disagreement over compensation
Even if liability has been accepted, the defendant might refuse to compensate you fairly for your injury. When disagreements like this occur, taking the case to court will put the decision in the hands of a judge, who will come to a fair decision.
What happens if my personal injury case goes to court?
If negotiations fail and the defendant doesn’t admit liability or refuses a fair settlement, your case will move on to the court. This is what will happen next:
- Claim is issued in court
Your legal team will issue the claim, including medical reports and financial summaries.
- Claim is assigned a ‘track’
The court will then assign your claim to one of three tracks, based on the claim’s value and complexity. These ‘tracks’ are as follows:
- Small claims track — Claims up to £1,500 or £5,000 for road traffic accidents.
- Fast track — Claims between £1,500 and £25,000.
- Multi-track — Claims over £25,000.
- Timetable for agreement
Finally, the court will set a timetable for both you and the defendant to continue negotiations. If an agreement can’t be reached, the case will move to a hearing.
Pre-trial negotiations continue even after the court date is set
Even after a court date is set, negotiations usually continue. Courts, claimants, and defendants prefer to settle cases out of court if possible — this is because it saves time and costs. Pre-trial settlements often occur even in the later stages, so it’s always possible your case may not need to go to trial.
In some complex or high-value cases, insurance companies might deny liability as a tactic to test whether the claimant is willing to push the case to court. But with strong legal representation, you can navigate these challenges and secure the compensation you deserve.
Will I have to attend the personal injury court case in person?
While only a small number of cases make it to court, with claimants and defendants opting to settle outside, you might end up one of the few that do. In this case, you might have to appear in person. If so, here’s what to expect:
- Small claims track — For small claims, the judge might look at the written evidence and decide that a court hearing isn’t needed. If a hearing is needed, it’s actually not mandatory that you attend — however, you’ll need to give a written reason for your absence.
- Fast track or Multi-track — For the other two tracks, it’s more likely that you’ll have to attend a court hearing. Here, you’ll be asked questions by both your barrister and the defendant’s barrister — the judge will make a ruling based on the evidence.
Is there a jury in personal injury cases?
Personal injury claims are decided by a judge in a civil court, not by a jury. Court proceedings are also much more private than you might expect, with no public gallery.
How can Injury Lawyers 4U help your personal injury claim?
If you’ve been injured in an accident that wasn’t your fault, our team at Injury Lawyers 4U is here to help. Contact us by calling 0333 400 4445 or filling in an Enquiry Form online. Our expert solicitors are ready to fight your case, and will give you professional, personal advice to help secure compensation on a no-win no-fee basis.
