What Happens If My Personal Injury Claim Goes to Court?

Issuing Proceedings vs Going to Trial

These are two different things. Issuing proceedings means filing a claim form at court — this formally starts the litigation and preserves the limitation period. Going to trial means a judge hears the case and makes a decision. The overwhelming majority of cases that involve issuing proceedings still settle before trial.

Proceedings are sometimes issued as a tactical step — to create a deadline that forces the defendant to engage seriously with settlement negotiations, or because the limitation period is about to expire and the claim has not yet resolved.

The Tracks: Small Claims, Fast Track, Multi-Track

When court proceedings are issued, the claim is allocated to a track based on its value and complexity:

• Small Claims Track — injury damages below £1,500. Simpler procedure; costs are generally not recoverable by either side.
• Fast Track — claims up to around £25,000 in injury damages. Trials are typically one day; fixed costs apply in many cases.
• Multi-Track — higher-value and complex claims. No fixed costs; trials can last several days. Serious injury, catastrophic injury, and complex industrial disease claims are heard in the multi-track, often in the High Court.

The Pre-Trial Process

Directions and Case Management

After allocation, the court issues directions — a timetable setting out when each step must be completed: disclosure of documents, exchange of witness statements, exchange of expert reports, and the trial window. Directions hearings (case management conferences) are usually attended by solicitors or barristers, not the claimant.

Disclosure

Both parties disclose documents relevant to the claim — accident reports, CCTV footage, medical records, employment records, risk assessments. Each side provides a list and makes copies available.

Witness Statements

Written statements are prepared by the claimant and any supporting witnesses, setting out what they saw and experienced. These are exchanged simultaneously between the parties on a date set by the court.

Expert Evidence

Medical evidence from independent experts is exchanged. In disputed cases, experts from each side may be directed to meet and produce a joint statement identifying areas of agreement and disagreement.

Part 36 Offers

At any point, either party can make a formal Part 36 offer to settle the claim. If a claimant rejects a defendant's Part 36 offer and then fails to beat it at trial, the court can order the claimant to pay the defendant's costs from the date the offer expired — a significant financial risk. Your solicitor will advise carefully on the merits of accepting or rejecting any Part 36 offer.

The Trial

If the case does not settle, it proceeds to a hearing before a judge (or, rarely, a jury for certain claims). The judge hears evidence from witnesses, considers the expert reports, and receives legal submissions from both parties' lawyers. A decision — and compensation award — is then made.

In fast track cases, trials typically last one day. Multi-track trials can run for several days or weeks in the most complex cases.

What Does Going to Court Mean for You Personally?

At a trial you will almost certainly need to give evidence. You will be examined (asked questions) by your own barrister and cross-examined by the defendant's barrister. Your solicitor and barrister will prepare you thoroughly in advance. While the process can feel daunting, the vast majority of claimants find that being properly prepared makes it manageable.

For a free assessment of your claim and an honest view on whether court proceedings may be necessary, contact EA Personal Injury Solicitors at our enquiry page or call 01228 272 395.