How often do injury claims go to court and what happens when they do?

Only about 2% of personal injury claims actually make it to the courtroom. Most are resolved through negotiations between solicitors and insurance companies, avoiding the need for a lengthy trial. But what happens if your claim is among the few that do go to court, and why would it get to that stage?

In this article, we’ll explain why most claims are settled out of court, the rare circumstances that might lead to a court case, and what you can expect if yours does.

What percentage of personal injury claims end up in court?

Only about 2% of personal injury claims end up in court. The vast majority are settled out of court through negotiations between solicitors and insurance companies.

The injury claim process is less about courtroom battles and more about reaching an agreement. When claims do go to court, it's typically because they are complex or there's a dispute over who is liable. In those rare instances where claims do go to court, they are generally decided by a judge, not a jury.

Why are most claims settled out of court?

Court proceedings can be time-consuming and expensive, although this is often less of a concern for claimants using a no-win, no-fee agreement.

Most compensation claims involve negotiations between the claimant's solicitor and the defendant's insurance company. Insurance companies, which typically pay out in injury compensation cases, generally prefer to avoid the extra costs and risks of going to court. Out-of-court settlements are seen as a faster, more practical, and cost-effective solution.

No win no fee

Most injury claims are made on a no-win, no-fee basis, meaning you won't face legal costs if you lose. This risk is covered by an after the event (ATE) insurance policy, which is a key part of all no-win, no-fee agreements.

Since claimants are not financially burdened if they lose, insurance companies are less likely to deny liability and risk court action, especially when a court is likely to rule in your favour.

Under what circumstances might a claim go to court?

Personal injury court proceedings are only likely in very limited circumstances. Reasons why your case may go to court include:

The claim is particularly complex

Some cases are inherently more complicated, such as:

• Injuries claims involving children
• Fatal accident claims
• Industrial disease claims
• Life-changing work injury and road injury claims
• Medical negligence claims
• Brain injury and spinal injury claims

The defendant or their insurer is unresponsive

If the defendant or their insurance company is slow to respond or doesn't respond at all, your solicitor can take the matter to court. This legal step legally compels the defendant to provide a proper response. It also requires them to appoint a solicitor if they haven't already done so.

The defendant denies of liability

If the defendant denies liability, your solicitor might initiate court proceedings. Even so, negotiations often continue up to the trial date, as both sides will usually prefer to settle before a court hearing.

You are seeking an interim payment

If you need urgent funds for treatment or living expenses before your claim is settled, your solicitor can request an interim payment from the court. This is a portion of the likely final compensation, paid in advance.

What happens if my claim does go to court?

If your claim does go to court, it usually means that an acceptable settlement couldn't be negotiated. Your solicitor will then file a claim with the court. The court will outline the next steps, including deadlines for submitting information and the date for the trial.

Pre-trial negotiation continues

Even after a court date is set, both parties typically prefer to settle out of court. Negotiations can continue right up until the hearing begins. In complex or high-value cases, insurance companies may deny liability as a tactic to test whether the claimant is willing to proceed to court, even when they know the defendant is liable.

If the claim goes to court, will I have to attend in person?

Unlikely, in most cases your attendance would not be required, especially if the case is straightforward and liability is clear.

If you are claiming for less than £25,000 (known as a 'fast-track' claim), either your solicitor or an appointed barrister will represent you.

If you are claiming for more than £25,000 (known as a ‘multitrack' claim), then you may sometimes be expected to attend to answer questions from your representative and the defendant's representative, about what happened.

Read more:

How much injury compensation will I receive?

Is there a jury in personal injury cases?

No, personal injury claims are decided by a judge in a civil court, not a jury, and there is no public gallery. Although the idea of a court hearing can be stressful, many claimants find it far less daunting than expected. After reviewing all the evidence and arguments, the judge will make a ruling and determine the compensation amount.

How were you injured?

The personal injury claim process will vary depending on how and where your injury occurred. For more information, click on the icons below.

Work accidents Road accidents Public places Medical negligence Other accidents

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.