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What Happens If My Personal Injury Claim Goes to Court?

Last reviewed: June 2026 · EA Personal Injury Solicitors

Most personal injury claims settle through negotiation before trial; going to court is the exception, not the rule. Proceedings are sometimes needed to protect the limitation period, to make an insurer engage, or when liability cannot be agreed. If your claim does go to trial, this article explains what the process looks like.

TL;DR — Quick Summary

Key Points

  • Most claims settle before trial — issuing proceedings does not mean going to court
  • Claims are allocated to tracks (small claims, fast track, multi-track) based on value and complexity
  • Case management conferences set timetables — they are usually attended by solicitors only
  • A Part 36 offer creates costs consequences if rejected then not beaten at trial
  • Serious and complex claims are heard in the High Court; most others in the County Court

Frequently Asked Questions

Do most personal injury claims go to court?
No. The large majority of personal injury claims settle through negotiation before a court hearing takes place. Court proceedings may be issued to protect against the limitation period expiring, but most cases settle during the pre-trial stages.
What is a Part 36 offer?
A Part 36 offer is a formal settlement offer made under Civil Procedure Rule 36. If you reject a defendant's Part 36 offer and then fail to beat it at trial, you may face adverse costs consequences. Your solicitor will advise carefully before recommending acceptance or rejection of any Part 36 offer.
Do I have to attend court in person?
In many cases, yes — particularly for trials. However, hearings for procedural matters and case management conferences are often attended by solicitors or barristers without the client needing to appear. Your solicitor will advise you in advance of any hearing you need to attend.
What is the small claims track?
Claims with a value below £1,500 in injury damages are generally allocated to the small claims track. Legal costs are not usually recoverable on the small claims track, which makes it important to check whether the claim is suitable for representation.
What happens if I win at trial?
If you succeed at trial, the judge awards damages and usually orders the defendant to pay a contribution towards your legal costs. The level of costs recoverable depends on the track to which the claim was allocated.
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Published by EA Personal Injury Solicitors
Edward and Amaury Limited · SRA No. 800525
Verify the firm and its regulated people on the SRA Register. General information only; this is not legal advice.

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