How Many Personal Injury Claims Go To Court?

If you start a personal injury claim, then there is the possibility that your case will have to be settled in court. This only becomes necessary if an agreement can’t be reached with the defendant before such action needs to be taken.

You may be asking just how many personal injury claims go to court? Civil Justice statistics published by the Government reveal that between January and March 2024, 415,000 claims were started in the County Court. Of those claims, only 14,000 of them were personal injury claims.

From the overall figure of 415,000 claims, just 11,000 claims went to trial. While the statistics don’t clarify how many of these claims were personal injury claims, we can see that out of all the claimants who start the court process, only a small percentage ever proceed to a trial.

If you have questions such as “Why is my personal injury case going to trial?”, or you want to learn more about what happens when personal injury claims go to court, please read on or contact our advisors today. You can contact our team for free either online or by calling us.

Do I Have To Attend A Court Hearing?

Having found out how many personal injury claims go to court, you may ask, ‘Do I have to attend a court hearing?’

A personal injury claim going to court in the UK is mostly a rare occurrence. Therefore, claimants are not typically required to attend court hearings. However, if the claim is heard in court, claimants are normally advised to go.

Despite this, there are some circumstances when a personal injury claim is heard in court but the claimant is not required to attend the hearing. For example, if a claim is processed through the small claims track, the judge allocated to it may determine the case based on evidence only so the claimants attendance is not necessary.

However, the judge may state that a court hearing is essential. In this case, you may be able to submit a letter to the court and the defendant stating that you will be absent from it but you must state your reasoning for this.

Further, your personal injury claim may be processed through a fast or multi track service. Under such circumstances, you may be required to attend a court hearing. This may be necessary as you may need to be questioned about the events leading up to the accident and your injury by your legal representative and the defendants.

Although it is unlikely that you will be required to attend court, you can contact our advisors to discuss the specific details of your claim to determine the likelihood of this.

What Are The Stages Of The Personal Injury Claims Process?

If a personal injury claim is started, the Pre-Action Protocol will need to be undertaken. This sets out a series of steps a court would expect both the claimant and defendant to take before issuing any formal court proceedings. The aim is to ensure that the parties involved in a case explore all options to resolve it.

For personal injury claims, the key steps of the Pre-Action Protocol include the following:

Letter of Notification – A letter from the claimant or the solicitor representing them is sent to the defendant or their insurance company. This letter informs the recipient of the claimant’s intent to make a claim.
Rehabilitation – All parties should address the immediate medical needs of the claimant.
Letter of Claim – The letter of claim is sent to the defendant and their insurance company if there is one. This letter should provide enough information for the insurer to investigate their case and their potential liability.
The defendant’s response – The defendant should acknowledge receipt of the letter of claim within 21 days. They then have three months to investigate.
Disclosure of documents – The claimant should disclose supporting documents. If the defendant denies liability, they should disclose evidence that supports their argument.
Expert reports – At least a medical report from an expert will usually be needed. Depending on the circumstances of the case, some other reports may also be required, such as a one from an engineering expert.
Alternative dispute resolution – All parties should pursue alternative dispute resolutions before issuing court proceedings. Different ways to potentially resolve a dispute can include a negotiation, mediation or arbitration. If these are unsuccessful, this will result in the personal injury claim going to court.

You can contact our advisors for free today if you still have any questions about the personal injury claim process.

Do I Need A Solicitor If My Personal Injury Claim Goes To Court?

In strictly legal terms, there is nothing stopping you from bringing a claim to court without instructing a solicitor or having a barrister represent you in front of a judge. In reality, having a trained legal professional in your corner when your personal injury claim is going to court will be of enormous benefit.

The Pre-Action Protocol we examined above is something our solicitors can assist you with, ensuring all the steps are completed to the correct standard prior to your case having to go to court. They can also continue to assist you with your case if it does need to progress to court.

To find out if you’re eligible to begin a personal injury claim, and learn more about how our solicitors could support you when seeking compensation, contact our advisory team today using the contact information provided below.

How Long Do Personal Injury Claims Take If They Go To Court?

In order to make a claim, you will need to start it within the personal injury claim time limit. As set out in the Limitation Act 1980, the claim time limit is generally three years from the date of your accident. Once your claim begins, there is no set time limit for it to be settled.

You may be wondering, ‘How long do personal injury claims take?’. How long a personal injury claim may take depends on a number of factors.

Below are some typical factors that may influence the length of a claim:

Your recovery time – You may not be able to fully settle a claim until you have recovered from your injuries. If you have suffered a more severe injury, such as a brain injury, it could potentially be longer.
Evidence – If you have more evidence you have to prove that you suffered an injury due to the negligence of a third party, your claim could potentially be settled quicker as liability may not be in question. If you have insufficient evidence and the party at fault denies liability, you will need more time to prove liability.
Court – Compensation is likely to be awarded quicker if both parties can agree on a settlement out of court.

Get in touch for free legal advice from our advisors, who are available 24/7.

Can I Make A No Win No Fee Claim If It Goes To Court

If you are worried about the financial element of legal representation, there is no need to be concerned. This is because regardless of whether your personal injury claim is going to court or not, you may be able to seek help from our solicitors on a No Win No Fee basis.

If you are eligible to do so, you may sign a Conditional Fee Agreement (CFA) with our solicitors. There are many financial benefits to this, such as:

You do not have to pay any out-of-pocket expenses, including upfront or ongoing costs, for the work our solicitors complete on your case.
If your claim is successful, our solicitors will take a minimally legally capped percentage of the compensation you are awarded to cover their success fee.
If your claim is unsuccessful in court, you are not required to pay any costs for the work our solicitors complete on your case.

Contact our helpful advisors for more information on No Win No Fee claims or to start your claim today. You may also contact them to ask any questions such as ‘How many personal injury claims go to court?’ as they are willing to help you out as much as they can.

How Legal Expert Can Help

As well as answering questions like, ‘How many personal injury claims go to court?’ Legal Expert can provide specialist legal support through one of our expert solicitors if you have reasonable grounds to claim.

With decades of experience in handling personal injury claims, we have helped clients around the country secure the best possible compensation. In the event of your personal injury claim going to court, you would have a knowledgeable legal representative on your side to help you prepare. However, our solicitors use their expertise in negotiating the claims process to find an agreeable solution outside of court.

The terms our solicitors offer mean that you don’t pay a penny for their work if the claim fails, while the success fee they collect in a winning case is guaranteed to be just a small percentage of your compensation.

Call 0800 073 8804.
Use our online contact form.
Chat to an advisor now with our live support feature.

Personal Injury Claims Resources

We have lots more guides on personal injury claims, which you can browse below:

Here is a guide about making a motorcycle accident claim.
Learn about how to claim for an accident at work caused by oil.
Here is a guide about claiming for a workplace accident if you are a roofer.

Thanks for reading our guide. We hope you’ve learnt a little more about how many personal injury claims go to court.

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