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.
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.
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.
Although rare, certain situations make court proceedings unavoidable. These include cases where:
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.
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.
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.
No. Personal injury claims take place in the civil courts, where a judge makes the final decision.
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.
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, 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 achieving the best possible outcome.
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.
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