Personal Injury Claim Going to Court? Here’s What Happens Next

Most personal injury claims in the UK are settled through negotiation, but around 5% proceed to a civil court hearing. If your personal injury claim is going to court, it can seem daunting, but the process is designed to ensure you receive a fair outcome.

In this guide, we’ll examine what happens when a personal injury claim goes to court in the UK, including the key stages, what to expect, and how to prepare. Understanding the process can help you feel more confident and informed about your legal journey, and that’s exactly what Fletchers is here to do.

Do personal injury claims go to court?

Many people worry that pursuing a personal accident claim will automatically mean appearing in court. In reality, this is rarely the case.

The majority of personal injury settlements are agreed between solicitors and insurers without a trial. Negotiations continue throughout the claim, and settlement can often be reached even after court proceedings have been issued.

A claim may proceed to a personal injury court hearing if:

• Liability is strongly disputed
• The parties cannot agree on the value of compensation
• The case involves complex evidence or serious injuries

Even when court proceedings begin, settlement could still occur before the trial date.

Why is my personal injury claim going to trial?

There are two main reasons why a personal injury claim may go to court in the UK.

An agreement cannot be reached on liability

One party may dispute who was responsible for the accident. For example, in a car accident claim going to court, the defendant may deny negligence or argue that the claimant contributed to the accident.

An agreement cannot be made on the value of the claim

Even when liability is accepted, both sides may disagree about the amount of personal injuries compensation owed. If negotiations fail to resolve this dispute, a judge may be asked to decide.

In these situations, issuing court proceedings for a personal injury claim allows the court to determine a fair outcome.

Will I have to attend court?

If your personal injury claim is going to court, in most cases you’ll be required to attend. However, this will be dependent on the specifics of your case. 

In some circumstances, particularly for less complex claims, your legal team may be able to represent you without you attending. Your solicitor will explain whether your attendance is necessary. If you are required to attend, you will be given plenty of notice so you have time to prepare and ask any questions

Will I have to speak in court if my case goes to trial?

Going to court for a personal injury claim might feel like a scary prospect, but the process is designed to be straightforward. 

Personal injury claims usually take place in a civil court in front of a judge, rather than a jury. The judge will typically wear standard court attire over traditional wigs and gowns. 

Your legal team may include both a solicitor and a barrister who will help to represent your case in court. Typically, you will attend a conference with your legal team prior to any trial so you will be familiar with your full legal team and understand the process. During this conference, there will be an opportunity to ask questions and the barrister will give their advice on the likely outcome of the trial.

In some cases where a claim goes to court, the judge will rely on witness statements rather than the claimant being asked to “tell their story” on the day. The claimant will, however, usually be subject to cross-examination.

There are some circumstances where you might not need to speak during the court hearing at all. In these cases, the trial can proceed on the written evidence available, where your legal team can present the case on your behalf.

What happens when a personal injury claim goes to court?

If your personal injury claim is going to court in the UK, the process usually follows several key stages. Understanding these stages can help you feel more prepared if your claim progresses to trial.

1. Pre-court process 

Following the issuing of court proceedings for your personal injury claim, your legal team will continue working with the other side to try and resolve the case before the final hearing.

During this stage:

• Evidence and documentation are exchanged between both parties
• Witness statements and expert reports are prepared
• Court directions are set by the judge

Your solicitor will ask you to thoroughly review and confirm all necessary documents before they’re submitted to the court. In many cases, you will also need to sign a statement of truth confirming the information is accurate.

There will likely be various hearings throughout the court process to set directions as to how the case will proceed, before reaching a final hearing. You will not need to attend these hearings; your solicitor or barrister will attend on your behalf.

2. The court hearing

At the start of the hearing, both sides will present opening statements, summarising their claim or defence. As the claimant, you may be asked to confirm the details contained within your witness statement and answer questions about your injuries.

Next, cross-examination takes place, where each party’s barrister challenges and scrutinises the opposing side’s evidence. This includes evidence provided by any expert witnesses such as medico legal experts or accident reconstruction experts. 

Once all evidence has been presented, both barristers deliver closing arguments before the judge considers the case and delivers their decision.

3. The decision

Once a decision is reached, the judge will deliver their judgment and briefly explain their reasoning. 

The judge will determine:

• Who was responsible for the accident
• Whether compensation should be awarded
• The amount of compensation payable

4. After the court hearing

If your personal injury claim is settled in court, the judge will award compensation. The amount of compensation you receive will depend on various factors and each case is different. 

Compensation can be broken down into two categories: 

• General damages, which cover the pain and suffering element of the injuries. 
• Special damages, which cover any financial losses you’ve experienced due to your injuries.

When calculating general damages, the Judicial College Guidelines will be considered. These guidelines give an indication of compensation figures, dependent on the type and severity of the injury. The courts will also consider previous similar cases and relevant case law.

In terms of special damages, the judge will examine the evidence of your financial losses. This might include loss of earnings, travel expenses, medical costs, or any adaptations required. They will also consider future losses, including future loss of earnings, future medical treatment, as well as future support and equipment needs.

Following the court hearing, if you’re unhappy with the decision made by the courts, you may be able to appeal. Your solicitor can advise and support you with the appeals process if it is deemed appropriate.

Will a personal injury claim going to court cost more?

If your personal injury claim is going to court, it can bring with it additional costs, and this is one of the reasons that every effort is made to resolve a case before it goes to trial. 

However, many claims – including those handled by Fletchers – are handled on a ‘no win no fee’ basis. 

This means:

• There are no upfront legal costs
• If the claim is unsuccessful, you do not pay solicitor fees
• If the claim succeeds, a portion of your compensation may cover legal costs

This arrangement removes financial risk and makes pursuing personal accident claims more accessible, ensuring you only pay if you win.

How long does a personal injury claim take?

One of the most common questions claimants ask is how long a personal injury claim takes. It’s a tricky one to answer, because the timeline varies depending on several factors, including:

• Whether liability is admitted
• The severity of the injuries
• The need for medical evidence
• Whether the case proceeds to court

Some straightforward cases settle within months, while complex cases can take several years. The latter is typically the case for claims involving serious injuries or disputed liability.

If court proceedings are issued, the court will set a timetable for the case to progress towards trial. This inevitably means the timeline is longer than cases that don’t go to court.

How are personal injury claims calculated?

The value of a personal injury claim is calculated by assessing both the impact of your injuries and the financial losses you’ve experienced as a result of the accident. Every claim is unique, so the final amount of personal injuries compensation will depend on the specific circumstances of your case.

Why choose Fletchers Solicitors for your personal injury claim?

At Fletchers Solicitors, we understand that navigating a personal accident claim can be overwhelming, especially if your case goes to court. However, with Fletchers on your side, you’ll have expert legal representation and dedicated support every step of the way.

Our team includes some of the UK’s leading serious personal injury lawyers, including Caroline Morris, Julia Eyton and Polly Herbert. With extensive experience in handling complex cases, we’ve successfully recovered millions of pounds in compensation for our clients.

With a strong track record of success in personal injury claims going to court, we’re dedicated to securing the compensation you deserve. You can trust Fletchers Solicitors to handle your claim with expertise, care, and commitment. 

Personal injury court cases we’ve supported

Our legal team has handled many cases that required court proceedings to achieve a fair outcome. Here are some of the personal injury claims we have supported at trial:

• £5million secured for spinal cord injury client
• £465,000 settlement following a delayed cervical cancer diagnosis

These cases demonstrate our commitment to pursuing justice when settlement negotiations are unsuccessful.

Getting support during a personal injury claim going to court

If your personal injury claim goes to court, it does not mean your case has failed or that something has gone wrong. In many situations, issuing court proceedings simply ensures that negotiations continue within a clear legal framework.

Your solicitor will guide you through every stage of the process, helping you prepare for hearings and ensuring your case is presented effectively.

If you’re unsure about your claim or want to understand your legal options, speaking to an experienced solicitor can help you feel more confident about your next steps.

For no-obligation advice on your personal injury claim, call us on 0330 013 0446 or complete our enquiry form.

If you decide you do not want to proceed to trial, your solicitor may be able to explore options such as further negotiations with the defendant.However, depending on the stage of the claim, it might be necessary to attend the trial, particularly if you change your mind close to the trial date.

If your case was taken on a No Win, No Fee basis, you usually won’t have to pay legal fees, and we’ll have advised you on any potential costs in advance. At Fletchers Solicitors, we ensure our clients fully understand any financial risks before proceeding.