How Many Personal Injury Claims Go to Court?

If you suffer any kind of personal injury that you feel was the result of negligent behaviour on the part of another party you may be thinking about pursuing a compensation claim against them. A personal injury claim can help you get the compensation you may need if the injury has had a significant impact on your day to day life.

You can use any compensation you receive to cover things like loss of earnings, medical or travel expenses as well as the pain and emotional stress associated with any type of personal injury.

However, many people avoid making personal injury claims because they are worried about the prospect of having to attend court. Well, if you are one of those people then don’t worry, as only around 5 percent of personal injury claims ever see the inside of a courtroom. This is because the majority of personal injury claims are settled out of court.

Most personal injury claims tend to be relatively straightforward. The reason for this is that a court case can be not only costly but also time consuming which means that it is often beneficial to everyone involved for the claim to settle the claim beforehand.

Statistics produced by the Ministry of justice highlight this as between October and December of 2023 there were 402,000 claims that were started in the county court, only 13,000 were personal injury claims.

Contact a Personal Injury Solicitor
When Could a Personal Injury Claim go to Court?
What is the Reason Most Personal Injury Claims Never Get to Court?
What Happens If a Personal Injury Goes to Court?
What You Should Do If Your Personal Injury Claim Goes to Court?
Will You Need to Attend Court?
How Long Will Court Proceedings Take?

Contact a Personal Injury Solicitor

The first thing you should do if you have suffered an injury that you believe may entitle you to compensation is get in touch with a personal injury solicitor. They will take a close look at the circumstances of your accident and advise you on the chances of your claim being successful. Because most personal injury solicitors work on a no win, no fee basis they will usually only take on cases that they consider have a good chance of being successful.

When assessing a personal injury claim, solicitors normally use 3 criteria when assessing the viability of a claim which are:

The injury occurred within the last three years, as stipulated by the Limitation Act 1980.
In the solicitor’s assessment, the other party is considered to be at fault.
The defendant had a duty of care towards you.

It is also possible that your solicitor may have some other stipulations when deciding on whether to take on your case.

In the event that your claim does go to court, it will take place in a civil courtroom and will not need a jury as the judge will make any decision on compensation awards. One thing to note is that the majority of people who are required to attend court about their personal injury claim do not find it anywhere near as stressful as they imagined it would be.

When Could a Personal Injury Claim go to Court?

There is a clear difference between the commencement of court proceedings and the finalisation of a trial in court. In some cases, liability is disputed by the other party. A good example of this is a road traffic accident during which you may have sustained injuries, but the other driver doesn’t believe they were responsible. In such cases, they could defend the claim by refusing to admit liability for the accident.

In any personal injury claim, the burden of proof is on the claimant and where liability is disputed, then the claim will often proceed to court. Another scenario where a court case may be necessary is if the other party admits liability but the amount of the claim is disputed. For example, if the claim relates to damage to property and loss of earnings and the defendant does not agree with the amount involved.

What is the Reason Most Personal Injury Claims Never Get to Court?

There are protocols relating to Personal Injury claims that ensure both parties fully understand each other’s case. As a result of the early disclosure of information and documentation, such as medical reports, loss of earnings, details, and vehicle damage estimates, it is often possible to resolve claims without the additional cost and inconvenience of going through the Court process.

The early resolution of disputes is positively encouraged under current protocols and the fact that court and legal costs will undoubtedly increase, if your claim proceeds to court it is generally in the interest of all the parties involved to settle out of court as soon as possible.

What Happens If a Personal Injury Goes to Court?

If the other party in your case refuses to accept liability for your injuries or is not prepared to offer a reasonable level of compensation then your claim will need to go to court. Your personal injury solicitor will file your claim with the relevant court along with all the evidence that supports your claim.

The defendant is then given the opportunity to respond and defend the claim. A hearing is then held during which both parties or their legal representatives are given the chance to put forward their case.

If your case does end up going to court there is a chance you won’t have to attend in person. In certain cases, you can be represented by a solicitor or barrister. This will usually be the case if the estimated amount of your claim is between £1000 and £25,000.

If your claim is assigned to the ‘Fast Track’ or ‘Multi-Track’, you may need to appear in court to answer questions about your injury from both your solicitor and the other party’s representative. It is important to note that this will still be a court setting with only a judge present, and no jury.

What You Should Do If Your Personal Injury Claim Goes to Court?

As a claimant in a personal injury case, once proceedings commence, you will be required to sign court papers to confirm that you believe all the information you have provided is correct. This is known as the statement of truth and is important because if you pursue a claim in court when you know, or think aspects of it are untrue you may be held in contempt of court.

When court proceedings begin, a timetable is set by the court which includes timescales for the exchange of documents and evidence even if they have already been disclosed before court proceedings started. Finally, a date will be set for your case to be heard before a judge during which your claim will be presented.

Will You Need to Attend Court?

As we mentioned earlier, personal injury claims rarely go to court, however if they do, you may be required to be there in person. For example, if your claim is allocated to fast or multi track, it is possible you will have to attend to answer any questions about events surrounding your injury. You will be questioned about your statement by your own legal representative and the one acting for the other party. A ruling will then be made by the judge who will decide if you are successful and decide on the amount of compensation payable.

How Long Will Court Proceedings Take?

When a personal injury claim goes to court, the length of time taken by the proceedings will vary dependent on a number of different factors such as:

The severity of injury
The complexity of the accident
Disputes over liability or compensation amount
Court delays

Every personal injury claim is unique which makes giving clients a definite timescale virtually impossible. At Tylers, we do everything possible to help expedite personal injury claims for our clients and wherever possible, try and ensure they can be settled satisfactorily without the need for court proceedings.

So, if you have suffered an injury in an accident that wasn’t your fault, speak to the experienced team here at Tylers Solicitors on 0800 699 0079 and find out how we can help you get the personal injury compensation you deserve.