This guide explains what happens if your personal injury claim goes to court, including an overview of court proceedings and what you can expect.
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What Happens if My Personal Injury Claim Goes to Court?
In most cases, personal injury claims are settled out of court, without a formal trial. This is better for both the claimant and defendant, as it involves fewer legal costs, allows for a quicker resolution, and is less stressful, giving the parties complete control over the outcome.
However, there are sometimes situations where the defendant may deny liability for the claimant’s accident or injuries, or they cannot agree on what a fair compensation award is. In such cases, it may be necessary to issue court proceedings and potentially go to trial.
In this guide, we’ll look at what happens if your personal injury claim goes to court, what evidence you need for a court hearing and what happens if the court rules against you.
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Why do some personal injury claims go to court?
While it is not unusual to begin court proceedings, only a very small percentage of personal injury cases (around 2% to 3%) actually proceed to court. In 2024, a total of 1,731,363 claims were initiated by claimants. Of these,
- 259,950 claims were disputed in full or in part by the defendant.
- 148,630 claims were allocated to track.
- Only 48,743 resulted in a small claim hearing or trial.
There are a few reasons why your compensation claim may need to go to court:
- The defendant denies liability for your injuries.
- There is a disagreement on the value of the claim.
- The claim is going to be time-barred under the Limitation Act 1980.
- The case is particularly complex and challenging to prove.
General guidance on going to court for a civil claim is available on the GOV.UK website.
What happens if my compensation claim needs to go to court?
If the pre-action protocol fails and you need to issue court proceedings, your solicitor will formally file your claim and inform the defendant. They will have 14 days to confirm they have acknowledged it and another 28 days to file their defence.
Next, both you and the other party will usually need to present all the relevant evidence to the court, such as medical records, photographs, witness statements and expert testimony. You might also be required to provide a detailed statement about the accident, your injuries and the impact on your life.
Once the court reviews the case, your claim will generally be allocated to one of three tracks:
- The small claims track, if its value is likely to be under £1,500 (or £5,000 for road accidents).
- The fast track, if you are claiming between £1,500 (or £5,000 for RTA) and £25,000.
- The multi-track, if the value of your claim is over £25,000.
The court will set a trial date and give directions on how both parties should continue attempting to settle the claim through negotiations. If no settlement is reached, the case will be heard before a judge who will make the final decision.
What happens during the court hearing?
At the beginning of the hearing, both parties will make their opening statements. Your solicitor or barrister will explain what happened, the injuries you suffered and why the defendant should be held liable.
Then, your legal team will present the available evidence, including medical records, accident reports, witness statements, documents and photographs. You and any witnesses may also be asked to give a statement about what happened and your injuries.
Each party’s legal representatives will then have a chance to cross-examine the other party and their witnesses and scrutinise the evidence they presented. After this, both sides will summarise their case and give their closing arguments.
Finally, the judge will review all the evidence and will deliver a verdict. They will consider various factors to decide whether the defendant is liable and, if so, the amount of compensation you should receive.
Do I need to attend court in person?
While unlikely, if your case goes to court, you may be required to attend the final hearing. However, that is not always the case, and it will depend on the circumstances:
- For small claims, you will likely not be asked to attend. Even if you are, it is not mandatory, and you can provide a written statement detailing why you can’t be there in person.
- If your claim is allocated to the multi-track, you will likely be required to attend court. These cases are usually complex, and you may need to answer questions about the accident and your injuries.
However, you should know that personal injury cases are heard in civil courts, with no jury, which should make it far less stressful than you might expect. Also, your solicitor will thoroughly prepare you in advance and will be there to support you throughout the process.
How long will court proceedings take?
If your personal injury claim goes to court, legal proceedings can take anywhere from a few months to a few years, depending on several factors:
- The severity of your injuries – more severe injuries require more time to assess the full extent of damage and prognosis.
- The complexity of the accident – if there are multiple parties involved or liability disputes, the case will likely take longer.
- The availability of evidence – in some cases, it may take a long time to gather medical records, reports and documents.
- Court delays – any potential backlogs can cause further delays in scheduling a court hearing.
What evidence is presented during court hearings?
You can present various types of evidence during the court hearing, including:
- Medical records detailing the nature and extent of your injuries and their potential long-term effects.
- Statements from witnesses who saw the accident occur, or from loved ones who saw its impact on your life.
- Your testimony about what happened, your symptoms and how these have affected your daily life.
- Reports from independent specialists, such as medical experts and accident reconstruction experts.
- Visual evidence such as photographs of the accident scene and your injuries, videos, CCTV footage and dashcam footage.
- Copies of accident and police reports.
- Financial documents attesting to the losses and expenses incurred as a result.
Is it possible to settle once court proceedings are issued?
Yes. Even after proceedings have started, the two parties are strongly encouraged to negotiate or use alternative dispute resolution (ADR) and try to settle without the need for a court trial. In fact, many claims are settled after court proceedings have been issued, sometimes at the last minute.
That’s because most parties prefer to avoid trials, which are expensive, require a lot of time and effort to prepare, are lengthy, risky, and result in less predictable outcomes. Furthermore, court proceedings are public and can be damaging to a party’s reputation.
The courts also prefer that personal injury claims are resolved out of court and can penalise the parties if they refuse to engage in ADR.
What happens if I win my personal injury claim in court?
If your personal injury compensation claim goes to court and you win, the defendant will generally be obligated to pay you damages. This is most often paid as a lump sum paid into your bank account or a personal injury trust, but it can also be made in periodical payments.
The judge will specify a date by which the defendant must pay you, which is usually 14 days from the court hearing. If you do not receive your compensation within this timeframe, you can take the other party back to court.
What happens if I lose a personal injury claim in court?
If you lose your claim, you will not receive compensation for your injuries and financial losses. Also, you may be responsible for paying the defendant’s legal costs, which an After the Event (ATE) insurance policy may protect you from (unless you acted with dishonesty).
In some cases, your solicitor may advise you to appeal the court’s decision if you are not happy with the outcome. However, you must have strong legal grounds for doing so, such as a procedural error, fresh new evidence or insufficient compensation. You have a limited amount of time to make an appeal.
If your claim is ultimately unsuccessful, you will not have to pay your solicitor’s legal fees if you signed a conditional fee agreement, also known as no win no fee.
How will a solicitor support me through the court process?
There are several ways in which a specialist personal injury lawyer will support you throughout the claims process. They will:
- Help you collect all the supporting evidence you need to build a strong case.
- Identify your losses and make sure your compensation covers them all.
- Attempt to negotiate a fair and reasonable settlement with the defendant.
- File the necessary documents to issue court proceedings if negotiations fail.
- Handle all communication with the defendant’s solicitors to reduce the stress for you.
- Explain the court process and prepare you for any questions you may receive.
- Arrange a barrister to represent you if your case goes to trial.
- Help you appeal the court’s decision if you have grounds to do so.
To find out if you can make a personal injury claim and what happens if your claim goes to court, call 0800 470 0472 today or use our contact form to request a call back. You will receive a free, no-obligation consultation with a friendly legal adviser.
