Why Is My Personal Injury Case Going to Trial?

Finding out that your personal injury claim may be heading to court can feel daunting. You might be wondering what went wrong, what happens next, and whether there was any way to avoid it. These are understandable concerns, and you’re certainly not alone in having them.

At Lyons Solicitors, we have many years of experience supporting clients across Bristol, North and North East Somerset, and South Gloucestershire with personal injury claims. We know that the prospect of going to court can feel stressful, and we’re here to guide you through every step of the process.

In this article, we explain why some personal injury claims go to trial, what the court process involves, and what you can expect if your case proceeds.

To book a free initial consultation with our specialist personal injury solicitors in Chew Magna, Kingswood or Westbury-on-Trym and the wider Bristol area, please get in touch today.

Why do most personal injury claims settle out of court?

The majority of personal injury claims in England and Wales are resolved without ever reaching a courtroom. Both sides generally prefer to avoid the time, cost, and uncertainty that a trial brings.

Insurers and defendants will often make a settlement offer once liability (legal responsibility for the accident) and quantum (the financial value of your losses and injuries) have been assessed. If both parties agree on these points, a settlement can be reached at any stage of the process. This applies across all types of personal injury matter, from car accident claims to workplace injuries and slips and trips.

Common reasons your claim may be going to trial

Not all claims settle. There are several reasons why a personal injury claim might proceed to court, including:

Disputed liability: The defendant denies responsibility for the accident, and the evidence doesn’t clearly resolve the dispute.
Disagreement over compensation value: Both sides accept that an injury occurred but can’t agree on how much it’s worth.
Inadequate settlement offers: The defendant’s offer doesn’t fairly reflect your losses and negotiations have broken down.
Complex medical evidence: There may be conflicting expert opinions about the nature or extent of your injuries.
Contributory negligence: The defendant argues that you were partly responsible for the accident, which can affect any eventual award.

In these situations, a court hearing allows an independent judge to review the evidence and make a binding decision.

What happens when a personal injury claim goes to court?

The personal injury court process follows a structured sequence of steps. Your solicitor will manage most of this on your behalf, but it helps to understand what’s involved:

Court proceedings are issued: Your solicitor files a claim form with the court, formally starting legal proceedings.
The claim is allocated to a track: Depending on its complexity and value, your claim will be assigned to the small claims track, fast track, or multi-track.
Directions are given: The court sets a timetable, including deadlines for exchanging evidence, witness statements, and expert reports.
Pre-trial review: In more complex cases, the court may hold a short hearing to check that both sides are ready for trial.
The trial takes place: A judge hears evidence from both sides and makes a decision on liability and/or compensation.
Judgment is issued: The judge announces the outcome, including any award of damages and costs.

Your solicitor will keep you informed at every stage and prepare you thoroughly before any hearing.

Do I have to attend court in person?

In most cases, yes. If your claim proceeds to a full trial, you’ll usually be expected to attend in person and give evidence as a witness in your own case. This can feel nerve-wracking, but your solicitor will prepare you well in advance.

For shorter or more administrative hearings, such as case management hearings, your solicitor may attend on your behalf without you needing to be present. Your solicitor will always let you know what’s required of you and when.

How long do personal injury court proceedings take?

The length of time from issuing court proceedings to reaching a trial date can vary. Simpler fast-track cases may reach trial within 12 to 18 months of proceedings being issued. More complex multi-track cases can take considerably longer.

Delays can occur due to court backlogs, the need for additional expert evidence, or the complexity of the legal issues involved. Your solicitor will give you a realistic estimate based on the specifics of your claim and keep you updated throughout.

Can my case still settle before trial?

Yes, absolutely. Settlement negotiations can continue at any point, right up to and including the day of the trial. It’s not uncommon for cases to settle at the last minute once both sides have fully considered their positions.

One important mechanism is a Part 36 offer, which is a formal written settlement offer made under the Civil Procedure Rules. If the defendant makes a Part 36 offer and you reject it but fail to beat it at trial, this can affect the costs order made against you. Your solicitor will advise you carefully on whether to accept or reject any offer received.

How a personal injury solicitor supports you at trial

Going to trial is much more manageable with experienced legal representation. Your solicitor will gather and present evidence, instruct expert witnesses, prepare your witness statement, and argue your case before the judge.

At Lyons Solicitors, we work closely with our clients throughout the court process to make sure they feel informed and confident at every stage. If your claim is funded through a No Win No Fee agreement, formally known as a Conditional Fee Agreement, your solicitor’s fees are generally not payable if your claim is unsuccessful.

Can I withdraw my personal injury claim before trial?

Yes, you can choose to withdraw, or discontinue, your claim at any point. However, doing so may have cost implications. If you discontinue without the defendant’s agreement, you may become liable for their legal costs up to that point.

Before making any decision to withdraw, it’s important to take legal advice. Your solicitor can help you weigh up the risks and consider all available options.

Will there be a jury at my personal injury trial?

No. Personal injury trials in England and Wales are heard by a judge sitting alone, without a jury. The judge will assess the evidence presented by both sides and decide whether the defendant is liable and, if so, how much compensation should be awarded.

How long does a personal injury trial last?

The length of a trial depends on the complexity of the case. A straightforward fast-track trial might last only a few hours, while a complex multi-track trial could run over several days. For a broader sense of how long the overall claims process takes, our article on how long a personal injury claim takes provides more detail.

What happens if I lose my personal injury case at trial?

If your claim is unsuccessful at trial, you won’t usually be required to pay the defendant’s legal costs in most standard personal injury cases. This protection comes from Qualified One Way Costs Shifting (QOCS), a rule designed to prevent personal injury claimants from facing large costs orders if they lose.

QOCS protection can be lost in certain circumstances, such as if the claim is found to be fundamentally dishonest. Your solicitor will always manage your case in a way that protects your position as far as possible.

Can the defendant make a settlement offer during trial?

Yes. Even once a trial has begun, the defendant can still make a settlement offer. If an acceptable offer is made, proceedings can be halted and the case resolved without the judge needing to deliver a full judgment. Your solicitor will advise you on any offers made during the process and help you decide whether accepting is in your best interests.

Speak to our personal injury solicitors in Bristol today

We are able to offer a free first consultation to answer any questions you might have about personal injury claims.

To book a free initial consultation with our specialist personal injury solicitors in Chew Magna, Kingswood or Westbury-on-Trym and the wider Bristol area, please get in touch today. You can use the contact details for each office or fill in the enquiry form on the right-hand side of the page to request a call back.