If I Bring a Claim for Personal Injury or Clinical Negligence, will I have to go to Court?

One common question claimants ask when considering a personal injury or clinical negligence claim is whether they will need to attend a trial. The idea of going to court can sometimes discourage people from making a claim. This blog by Abbie explores the reality that only a small percentage of claims go to trial. When handling these claims, solicitors must follow the Civil Procedure Rules, which aim to ensure cases are resolved fairly, quickly, and at a reasonable cost. These rules encourage the use of alternative dispute resolution before going to trial.

What is a trial and why might one take place?

In a personal injury or clinical negligence claim, a case may progress to trial if the defendant continues to deny liability asserting they were not responsible for the accident. The judge will then decide whether the defendant had a duty of care, if they breached it, and whether that breach caused your injuries. They will also determine the amount of compensation (quantum) you may receive.

A claim may progress to a trial if the defendant disagrees with the amount of compensation the claimant is seeking. In this case, the judge will determine a fair amount based on the injuries suffered.

A judge is solely responsible for making these decisions and there is no jury involved.

Both parties are encouraged to resolve their differences and try to reach an agreement before taking the case to court and trial.

How many claims progress to trial?

It is important to highlight that while a claim can go to trial, this is rare. Most cases are settled before trial, often even before reaching court.

To put this into perspective, the Civil Justice Statistics Quarterly October to December 2024, recorded 439,000 County Court claims during that period. Out of these, approximately 16,000 were personal injury cases and only 12,000 claims overall proceeded to trial. However, 362,000 of these claims registered were Money Claims, not related to personal injury or clinical negligence.

This highlights that very few cases will progress to trial. Courts actively encourage both claimants and defendants to settle claims outside of court. This saves time, reduces costs, and allows both parties to reach decisions more quickly rather than prolonging the process.

Attendance at court

If your claim could progress to trial, it is likely that you would have to attend court to give witness evidence. Both your barrister and the defendant’s barrister may question you on your witness evidence.

Our solicitors will provide support and assistance to help you navigate the trial process if your claim reaches this stage.

The court can make reasonable adjustments to accommodate your needs. To ensure these are arranged, you should inform your solicitor as soon as possible so they can accommodate with the court on your behalf.

Other methods of settling a claim

While a judge can settle a claim at trial, there are various other ways a claim can be settled before it reaches that stage and even before starting proceedings in court.

These methods include alternative dispute resolution such as negotiation, joint settlement meetings and mediation. There are also opportunities for both parties to make offers to settle at any time, including after court proceedings have started. Since trials can be costly and time-consuming, all parties will usually aim to avoid them.

The court encourages cooperation to settle claims early, in line with the overriding objective.

If a party refuses to engage in alternative dispute resolution without a valid reason and the case goes to trial, they may face financial penalties.

Claims on behalf of children and protected parties

When a claim is being brought on behalf of a child or protected party, they will usually have a litigation friend to act on their behalf. This can be a parent, guardian, family member, friend, solicitor or professional advocate/deputy.

Even if the claim does not go to trial, a court hearing is still required to approve the settlement. This ensures the amount agreed upon is fair and in the best interests of the child or protected party.

These hearings are less formal as trials, and no evidence will be given. Your solicitor will handle most of the process, presenting the relevant details and asking the judge to review and approve the settlement.

JNP Legal’s Civil Litigation Team

If you have an enquiry about bringing a claim in personal injury or clinical negligence, please do not hesitate to contact our team. We are here to provide guidance and assistance.

If your claim proceeds to trial, our Civil Litigation team at JNP Legal will guide you every step of the way leveraging their expertise in these claims to provide comprehensive support.