Personal injury claims are complex legal cases that can be stressful and intimidating for claimants. While many claims settle out of court, some do progress to a court hearing and trial before a judge. What percentage of personal injury claims actually go to court and what should you expect if your claim goes all the way? As an acclaimed London personal injury law firm with over a decade of experience winning results for clients, Addison & Khan Solicitors has extensive knowledge on navigating these cases.
Most Personal Injury Claims Settle Before Trial
Statistics show that the vast majority of personal injury claims resolve before reaching the courtroom. Estimates indicate only around 3% of claims go to trial. The other approximately 97% of claims settle beforehand through negotiation, arbitration, or mediation. Out-of-court settlements allow claimants to avoid the stress of trial while still obtaining compensation for their injuries and other losses. Defendants also benefit by avoiding costly litigation fees and the risks of a trial. With experienced solicitors working towards a fair settlement, most claims fortunately reach resolution earlier.
Why Some Claims Proceed to Court
While most cases settle beforehand, a small subset of more complex claims do land before a judge or jury. Some reasons a personal injury claim may progress go to court litigation include:
- Liability disputes – When the defendant completely denies responsibility for the claimant’s injuries, settling becomes less likely. These contentious liability questions often must get resolved at trial.
- Disagreements over damages – Even with clear liability, the defense and claimant may differ drastically on appropriate compensation amounts for injuries, lost income, pain and suffering, etc. Negotiations stall without coming to terms.
- Defendants rejecting reasonable settlement offers – Some defendants refuse to make fair out-of-court settlement offers, believing they can win at trial or just delay having to pay. Claimants then must pursue court action to obtain compensation.
If you prepare thoroughly and work with experienced personal injury solicitors in London, you can build a strong claim that holds up in court when needed. An aggressive denial of a valid claim may work against a defendant.
What to Expect During a Court Hearing
While each judge runs their courtroom differently, general elements you may encounter during a personal injury court case include:
- Opening statements – Each legal team summarizes the core issues and what evidence they will present. This previews their entire argument condensed into a concise statement.
- Witness testimonies and questioning – Witnesses take the stand one by one to describe what happened under oath. The legal teams then question them, trying to raise doubt about the other side’s witnesses.
- Introduction of evidence – Documents, photographs, medical reports, police reports, expert testimony, and other evidence gets presented to the judge or jury. The evidence aims to back the case theories put forth by each side.
- Closing arguments – At the end of introduction of all evidence, each legal team summarizes their main positions and evidence again, highlighting why the judge or jury should decide in their favor based on points made during trial.
- Verdict – For bench trials, the judge then issues their written decision and any damage rewards if finding for the claimant. For jury trials, the jurors deliberate then return a verdict based on the evidence.
While daunting, understanding what to expect can ease worries for claimants facing court trials. Having Addison & Khan’s compassionate yet aggressive litigation team on your side levels the playing field against even the fiercest defense tactics.
Take the Next Step for Your Claim
Don’t assume taking legal action has to lead to a stressful trial – over 97% of valid injury claims still reach out-of-court resolution. Meet with our experienced London personal injury solicitors to explore your options. Call 443333059936 or email mail@addisonkhansolicitors.co.uk now to schedule your team consultation. Our top-rated firm has the proven results to stand up for your right to fair compensation either through advantageous settlement negotiations or in court if absolutely required. We remove as many burdens from you as possible while fighting for the maximum compensation to cover all of your injury related needs.