What Happens When a Personal Injury Claim Goes to Court in England and Wales?

Learn what happens when a personal injury claim goes to court in England and Wales, how the personal injury claims process works, and how many injury claims go to court each year.

Understanding the Personal Injury Claims Process — and When a Case Goes to Court

If you’ve been injured in an accident that wasn’t your fault, you may be thinking about starting a personal injury claim. But what if the insurance company doesn’t offer a fair settlement? What actually happens if your injury claim ends up in court?

For many people, the idea of going to court sounds stressful and intimidating. You’ve already been through pain, treatment, and time off work. Facing a judge can feel overwhelming.

The truth is, most personal injury claims in the UK are settled before reaching court. Only a small percentage ever go to a full hearing. Still, understanding how the personal injury claims process works — and what to expect if your case does go to trial — helps you make informed choices and feel confident throughout your claim.

Sarah’s Story: From Injury Claim to Settlement

Sarah was injured in a road traffic accident, when another driver ran a red light and collided with her car. She suffered a fractured wrist and ongoing shoulder pain, which affected her job as a nurse. The other driver’s insurer made a quick offer to settle her injury claim, but it didn’t come close to covering her future treatment or loss of earnings.

After reviewing the offer, Sarah’s solicitor advised her to reject it and issue court proceedings to ensure she received fair compensation. It wasn’t about being difficult — it was about standing up for her rights and getting the compensation she deserved.

The Personal Injury Claims Process: What Happens If Your Claim Goes to Court

If settlement discussions are unsuccessful, your solicitor can issue court proceedings. The personal injury claims process in England and Wales then follows a structured series of steps under the Civil Procedure Rules (CPR):

Issuing the Claim
Your solicitor files a Claim Form and Particulars of Claim with the County Court or High Court, explaining how you were injured and why the defendant is legally responsible.
Defence and Case Management
The defendant (usually their insurer) files a Defence. The court then sets a timetable — known as directions — outlining the steps leading up to trial.
Exchange of Evidence
Both sides exchange documents and evidence such as medical reports, witness statements, and accident records. Independent experts (for example, medical specialists) may also provide reports.
Negotiation and Settlement Opportunities
Even after issuing court proceedings, it’s common for parties to continue negotiating. Mediation or joint settlement meetings often take place to try and resolve the injury claim without a trial.
Trial (Final Hearing)
If no settlement is reached, the case proceeds to trial before a judge (not a jury). Your solicitor or barrister presents your case, questions witnesses, and explains your financial and medical losses. The judge then decides who is liable and how much compensation you should receive.

How Many Personal Injury Claims Go to Court?

Many clients ask: how many personal injury claims go to court? The answer is — very few.

In England and Wales, the vast majority of injury claims settle before reaching trial. Statistics suggest that fewer than 5% of personal injury claims ever go to court and fewer still proceed to a full hearing. This means that around 95% of claimants achieve compensation through settlement or mediation, without ever appearing in front of a judge.

This is because insurers and solicitors are encouraged to reach fair settlements early through negotiation, mediation, or the Ministry of Justice (MoJ) pre-action protocols.

Why Settlement Can Be the Best Option

Settling a claim means agreeing on compensation without going to court. It’s often quicker, less expensive, and less stressful than a trial.

Benefits of Settling Your Personal Injury Claim

Faster results: Many personal injury claims are resolved within months.
Lower legal costs: Avoiding trial reduces costs for everyone.
Certainty: You know exactly how much compensation you’ll receive.
Privacy: Settlements are private, unlike public court judgments.

However, initial offers from insurers are often too low. An experienced personal injury solicitor can negotiate effectively to make sure you don’t settle your injury claim for less than it’s worth.

When Your Injury Claim Goes to Trial

Sometimes, the only way to achieve full and fair compensation is by taking your case to court.

At trial, your legal team will:

Present evidence proving the defendant’s negligence.
Cross-examine witnesses and challenge the other side’s case.
Show the full extent of your physical, emotional, and financial losses.

Trials can take longer, and there is always some risk, but with strong evidence and expert representation, you can feel confident your claim is being handled professionally and thoroughly.

Settlement vs. Trial: Which Is Right for You?

There’s no single answer to whether settling your personal injury claim or taking it to trial is best — it depends on your circumstances, the strength of your evidence, and how reasonable the insurer is.

Settling your injury claim is usually the quicker option, with many cases resolved within a few months. It also gives you more control over the outcome, as you decide whether to accept a settlement offer. Settlements generally involve lower legal costs and carry less risk, since the amount of compensation is agreed in advance. They also remain confidential, meaning the details of your personal injury claim are kept private.

By contrast, taking your claim to trial can take longer — often a year or more — and involves higher costs. However, a successful court judgment can result in a larger award of compensation, particularly where the defendant’s insurer has been unwilling to make a fair offer. The downside is that trials are unpredictable, and the decision ultimately rests with the judge. Court hearings are also part of the public record, unlike private settlement agreements.

Your solicitor will guide you through the pros and cons of each route, helping you decide whether to settle your personal injury claim or pursue it in court for the best possible outcome.

Back to Sarah…

Before her case reached trial, Sarah’s solicitor arranged a settlement meeting. Once the insurer saw the strength of the evidence, they tripled their original offer. Sarah avoided court, received full compensation for her injuries and losses, and could finally move on with her life.

The Bottom Line: Get Expert Advice on Your Injury Claim

If your personal injury claim does go to court, it’s not the end — it’s often just another step towards justice. Whether your case settles or proceeds to trial, having an experienced solicitor makes all the difference.

If you’ve been injured and want to understand your rights or the personal injury claims process, get in touch today. Strict time limits apply — usually three years from the date of your accident — so early advice is essential.

Contact Gavin Edmondson Solicitors today for a free consultation

Contact Gavin Edmondson Solicitors today for a free consultation about your personal injury claim. Our experienced solicitors have helped hundreds of clients across England and Wales recover the compensation they deserve. Let’s talk about your case, your goals, and how we can help you secure a fair outcome.

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