Learn About How Many Personal Injury Claims Go To Court
We reveal how many personal injury claims go to court and the reasons why most do not.

£85 million in compensation
Learn About How Many Personal Injury Claims Go To Court
We reveal how many personal injury claims go to court and the reasons why most do not.

Are you wondering how many personal injury claims go to court? You may be surprised at the answer.
Courtroom dramas and newspaper headlines make it seem that every case ends in a dramatic court hearing. In fact, only a small percentage go to court. Most are resolved through out-of-court settlements via careful negotiation.
In this guide, we examine some of the reasons why so few claims go to court. We will answer some common questions, such as:
- How many personal injury claims go to court?
- What happens during personal injury court proceedings?
- What factors decide whether a claim goes to court?
- Will I have to attend?
We will also provide guidance on a common concern—what happens if you don’t succeed? As we shall see, our No Win No Fee expert lawyers can help without you worrying about legal arguments or solicitor’s costs.
You can read this guide or jump straight to a free initial consultation with our expert advisors. There’s no obligation when you reach out, and you can get in touch anytime 24/7:
- Call 0151 375 9916.
- Use our online form to contact us.
Is My Personal Injury Claim Likely To Go To Court?
No, the vast majority of personal injury claims don’t go that far, and the small number that do are usually resolved before they reach a judge. Only a few complex or strongly defended cases tend to go to trial.
While our solicitors always seek the maximum compensation for clients, they will always strive to settle your claim and only discuss going to court if necessary. Examples of claims we can handle include:
- Public transport accident claims.
- Gym accident claims.
- Claims for an eye injury at work.
To learn more about our services, contact our expert advisors, whose details are above.
How Many Claims Go To Court On Average?
Only a very small number of personal injury compensation claims go to court. In the third quarter of 2024, Civil Justice Statistics show that:
- 460,000 claims were issued to a County Court.
- Defendants contested 71,000 of them.
- 12,000 claims went to trial.
When you “issue” a claim, you tell the courts about your complaint and ask them to notify the defendant. Most claimants resolve their issues long before this point. Often, a set court date makes defendants more cooperative.
Of the relatively small number that are issued, only a very limited number ever reach a courtroom. In the next section, we will examine why.
If you have any concerns about going to court, our advisors are on hand 24/7 to discuss your case. Their details are at the top of this page.

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Why Doesn’t Every Case Reach Court?
Most disputes are resolved before they reach court. This may involve compromise from one or both sides. Claims can be:
- Settled – the parties agree on terms, even if no fault is admitted.
- Unsuccessful – you fail to make your case, or the other side defends themselves.
- Dropped – the parties agree there is no point in progressing.
Many people avoid the personal injury claim process because they don’t want to pay for legal action that might not succeed. If you instruct one of our personal injury lawyers on a No Win No Fee basis, there’s nothing to worry about. You only pay for their services from any compensation. If there is no compensation, you don’t pay for their services.
Find out more about No Win No Fee agreements via the details at the start of this guide. Our expert advisors are just a call or message away.
What Factors Determine Whether A Case Will Reach Court?
The County Courts exist, in part, to resolve disputes between parties who can’t reach an agreement on their own. The more points of disagreement there are, the more likely it is the courts will be involved.
How Complex Your Case Is
Complex cases may involve:
- Several parties that share or dispute liability.
- Overlapping legal issues.
- More experts or witnesses to cross-examine.
- Greater rules regarding the disclosure of evidence.
However, the complexity of a case will not have a major impact on whether court proceedings will be needed, although it might mean that your case could take longer due to more evidence being needed. If there are complex legal issues, it could also take the parties more time to set our their respective positions.
In complex cases the parties are still encouraged to use court proceedings as a last resort, so there is still a high chance that an agreement can be reached without court intervention.
The Defendant Is Unresponsive Or Denies Liability
Not all defendants respond. Others reply but don’t cooperate.
A trial may be the only way to move forwards if the defendant denies liability. In that case, a solicitor can review your options based on the merits of your case.
The court will write to the defendant if you sue them. If they don’t respond, you can apply for default judgment, where a judge makes a decision based on your evidence alone.
If You Are Seeking An Interim Payment
The courts can help in other ways, too.
The other side may admit fault, which means there is no need for a trial. When this happens, you can request an interim payment without having to wait for a final settlement. This is to cover urgent expenses such as medical costs or accessibility adjustments to your home.
The other side may admit fault but refuse to pay this sum. You can apply to the court to enforce this payment.
Please note that the examples above explain why personal injury claims go to court, which means they don’t happen often. Most compensation claims are resolved long before this point. If you have any concerns, our advisors are available to discuss your case. Use the details above to contact us today.
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We pride ourselves on providing the best service possible for our clients.
What Are Pre-Trial Negotiations?
Everyone who issues a claim in England and Wales must follow the Protocols on Pre-Action Conduct. Parties must work together to narrow their differences and, if possible, resolve matters early. They are also encouraged to find alternative ways of reaching an agreement. A defendant who doesn’t follow these rules may have to pay more compensation in the long run.
If you instruct one of our No Win No Fee solicitors, their first steps will be to:
- Review your medical reports.
- Write to the party responsible for your injuries.
- Exchange evidence about your accident.
- Propose settlement in full without court involvement.
If the evidence shows you were partly responsible for your accident, you can make a split liability claim. This is where you accept a deduction from the compensation you would get if you shared no blame.
Suppose you are driving. A child runs out, you perform an emergency stop, and another driver hits you from behind. Scans show you have severe whiplash and will likely be in pain for two years. Under the Whiplash Injury Regulations 2021, you could receive £4,215 for your pain and suffering. CCTV footage later shows that:
- The other driver did not leave a safe braking distance between you.
- You were driving 12 mph over the speed limit.
As you both caused the accident, the other driver’s insurer offers a 50/50 liability split. You and they settle for £2,107.50 plus the cost of repairing your car.
Not all cases involve split liability. To discuss the prospects of your unique case, call our advisors today. They can go over any queries you may have and even estimate your potential compensation. Their details are at the top of this page.
How You Will Find Out That Your Case Is Going To Court?
Ultimately, going to court is your decision. On the rare occasion that the other party ignores you or doesn’t settle, you must decide whether to issue your claim. If you have a legal representative, they will contact you to advise on the pros and cons of court action.
Under the law, they must and always will recommend your next steps in your best interests.
If you have any concerns about this stage of the process, you can contact our expert advisors using the details above.

Will I Need To Go To Court In Person?
In the unlikely event that your claim goes to trial, you must attend. Defendants have a right to cross-examine the evidence against them, including any written statements you make.
You won’t be alone, though, and you won’t have to make legal arguments. A qualified advocate will be there to guide you. If you instructed one of our No Win No Fee personal injury solicitors, they will prepare you in full.
You may not have to attend in person. To save time and resources, many hearings now take place via video conference. You can ask your solicitor to request this.
If you would like to discuss the court process in more detail, use the information above to contact our expert advisors.
How Long Court Proceedings Can Take?
Most hearings last for an hour or so, although you may have to be available all day. Your solicitor will always discuss this with you ahead of time. Complex trials can take an entire day or more, although they are far less common.
The longest wait is usually for a hearing date. Backlogs have grown since the coronavirus pandemic, which means that solicitors have more time to seek a fair settlement even after a claim is issued.
If you have any concerns about attending court, speak to our advisors using the methods listed at the top of this guide.
Will There Be A Jury?
Juries are not used in personal injury hearings.
A trial in a civil court is a conference between the judge and each party’s representative. The judge reviews all the evidence, listens to the barristers, and makes their decision.
If you succeed, the defendant must pay you a certain amount by a set date. It is from this compensation that a No Win No Fee solicitor takes a small, legally capped success fee. You don’t pay for their services upfront or during the claim.
Our solicitors always state this percentage in your Conditional Fee Agreement (CFA), the contract that ensures you only pay for their services if they succeed.
Still unsure? Discuss your personal injury claim with our advisors today. There’s no obligation – just free guidance on your legal rights.
- Call 0151 375 9916.
- Use our online form to contact us.
More Information
We hope you found this guide useful.
To continue your reading, we have provided the following pages from JF Law:
- Our guide to road traffic accidents.
- What to do if you have an accident at work.
- How to make a public liability claim.
You may also find the following resources useful:
- Government guidance on Statutory Sick Pay (SSP).
- RIDDOR Guidance – an employer’s obligation to report certain workplace injuries published by the Health and Safety Executive.
- The Highway Code – rules for road safety.
Thank you for reading our guide on how many personal injury claims go to court.
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