The reason why only a small number of claims make it to the courts is due to the majority of claims being pursued by solicitors on behalf of the client. If the claim is taken on by solicitors it will have already been judged to have a high chance of success.

Your solicitor will always try their best to settle claims without them going to court. This is beneficial for both parties as it gets matters resolved in a timely and amicable fashion. However, in some instances matters will need to be taken to court to be looked at. Although it is not unheard of for personal injury claims to go to trial, it is very rare that they do.

In fact, around only 5% of personal injury claims go to court to be put in front of a judge.

Why do most claims never make it to court?

The other reason most claims do not make it to court is due to the money it costs to send claims to court. Neither side wants to be responsible for paying the court fees, in some cases the defendants will settle even if they think they are in the right, simply to avoid the cost of court proceedings.

What are the reasons for claims going to court?

The possibility that a claim is going to court is nothing to worry about. This simply means that both parties have not been able to reach a settlement and the court needs to take a decision on one or all aspects of the claim. Claims may go to court for the following reasons:

Uncooperative defendant – If the other side is not responding or co-operating with your solicitors, then matters may need to be taken to court.
Large complex cases – Whilst a lot of cases, even if complex, can be dealt out of court, there are some cases with complex, long term damage that needs to be looked at by the court. This includes brain injury cases, lifelong injuries and conditions that have led to severe disability and deterioration in quality of life.
Interim compensation payments – Sometimes injuries can lead to clients being unable to work. Other times payments may be required towards care costs and other damages. In these circumstances the matter would need to be put in front of a judge so an interim payment can be made.

Will I have to stand in front of a Jury in court?

No. A personal injury claim is a civil claim and as such is not heard in front of a jury. You are not there to be judged by anyone. In fact, you will be appearing to have your say, effectively in front of a judge to help them understand how the accident has affected you. Often individuals who are afraid of going to court end up finding it an empowering experience when they are able to stand up and express exactly how the accident has injured them and the effect this has had on them.

What do I do if my claim is issued at court?

If your lawyer has issued your claim in court, this is because they have felt it necessary to do so. Lawyers will initially communicate with the other side and always try to reach an amicable settlement in winning you the best injury compensation. Sometimes defendants (the other side) are not cooperative or become unresponsive. They do this because they feel ignoring the issue might make you go away or intimidate you.

As such, it is important that your lawyer issues your claim which shows the other side they are serious about pursuing it, and the other side needs to engage with them in a proper way.

Just because your claim is issued, does not mean it will definitely be put in front of a judge at a hearing. A large quantity of claims that are issued end up being settled before a hearing as this is cost effectively for both sides. This is because issuing a claim shows the other side you are serious about your claim and injuries.

However, if your claim is issued and needs to be heard, you need not worry. It is a standard process which is needed to get you the justice and compensation you deserve for your personal injury claim.