If you’ve been injured and are making a claim, one of your concerns might be the possibility of court proceedings. While it sounds like the worst case scenario, a case going to court isn’t always bad. So, what happens when a personal injury claim goes to court? In this guide, we’ll give you an idea of what’s involved and how experts like Injury Lawyers 4u can help.
Do all personal injury claims go to court?
You might be thinking, do personal injury claims go to court? Thankfully, most claims are settled outside of court to avoid legal costs on both sides of the claim. In fact, only 2-5% of PI cases actually get to trial.
The personal injury court process is usually triggered when there is a disagreement on who is at fault for the personal injury in question. It can also go to court if settlement negotiations break down or the other side disputes the amount of compensation being claimed.
What triggers a court hearing?
When it comes to the pre-court process in a personal injury hearing, UK law enforces a structured legal process aimed at resolving things early:
- Pre-action protocol — One of our expert solicitors will gather evidence and attempt to settle your claim through negotiation.
- Issuing proceedings — If negotiations break down, our solicitors can file the case with the court. This does not mean an automatic hearing, it simply starts the formal process.
- Ongoing settlement opportunity — Even after proceedings are issued, there are still chances to settle your case before a hearing takes place.
What’s the court process like for a personal injury claim?
If your case goes to court, it will follow this simple and structured process:
Step 1 – Case issued at court
If you choose to pursue a claim with us, our solicitors will formally issue your claim to the court and inform the defendant.
Step 2 – Evidence shared (disclosure)
Both you and the defendant will share relevant evidence to the court, including medical reports, accident details, photographs, witness statements and details of any financial implications of your injury.
Step 3 – Witness statements & expert reports
You might need to provide a written statement for the court that details your accident and subsequent injury. Medical or technical experts can also give reports that can support your case.
Step 4 – Final hearing
If no agreement is reached, a final hearing will take place in a civil court. These hearings are typically less formal than criminal trials and thankfully also quicker.
Will I have to attend court in person?
Whether or not you’ll have to attend court will depend on the specifics of your case. Many claims settle before the court date, and some hearings are conducted in writing or virtually.
If you are required to attend in person, don’t worry. The courtroom is much less intimidating than the media typically represents and our solicitors will be with you throughout, offering you support and reassurance the whole time.
What happens after the hearing?
What happens after your hearing will depend on whether your case is successful or not.
- Successful case — If your case is settled, the judge will decide how much compensation you are to receive and the defendant will be made to pay.
- Unsuccessful case — If your case has failed to settle, our no-win, no-fee promise will mean you won’t have to pay any of the outstanding legal fees you owe. However, we may still appeal if we believe the ruling was incorrect.
The time it will take to receive payment will be up to the defendant’s insurer, but most settlements are issued within a few weeks of the ruling.
No-win, no-fee – even if it goes to court
At Injury Lawyers 4u, we offer all our cases as no-win, no-fee and court cases are no different. That means that you can pursue a personal injury claim without the fear of upfront costs. You’ll also only pay us for our legal services if your case is successful, even if it goes to court.
Speak to a solicitor today
If you have a personal injury claim that you’re worried will go to court, have no fear. Talk to us at Injury Lawyers 4u and we’ll sit down for a free consultation to discuss your options.
Our solicitors have over 20 years experience in injury law and are here to listen, advise, and support you with honest, straightforward guidance. Call us on 0333 400 4445 or use our quick online form to find out how we can help.
Frequently asked questions
How likely is it that my personal injury claim will go to court?
Thankfully, only around 2- 5% of personal injury claims in the UK go to court. The vast majority are settled out of court via solicitor negotiations.
What are the main reasons a claim goes to court?
The main reason a case will go to court is because the other side refuses to accept fault or disputes how much compensation is fair.
How long does a personal injury court case take in the UK?
A UK court case can take several months to a year or more depending on the case complexity, the evidence you have and the court’s schedule.
Do I need to attend court in person?
Many cases are settled or resolved through written submissions. If you do need to attend, you won’t be alone, we’ll be there to support you.
Will my solicitor represent me in court?
Injury Lawyers 4u will handle all legal proceedings and speak on your behalf in court.
What happens if I lose my personal injury case in court?
If you choose a solicitor who has a no-win, no-fee promise in place, you won’t have to pay legal fees on a lost court case.
Can I still claim on a no-win, no-fee basis if my case goes to court?
You can still claim on a no-win, no-fee basis if your case goes to court. Your agreement applies throughout the entire claims process.
What can I do to prepare for a personal injury hearing?
Stay in close contact with us, attend any medical assessments and provide all evidence requested. We’ll handle the legal side of things.