What happens if my injury claim goes to court?

Updated: 3 Oct, 2025
By Chris Salmon

Making a work injury claim can feel daunting, especially if you are unsure what happens if your case goes to court. The reality is that most injury claims never reach trial and are settled out of court.

This guide explains what happens if your claim does end up in court, and what you can expect during the process.

At a glance

  • Around 99% of injury claims settle out of court.
  • If your case does go to court, it will be heard in a civil court before a judge, not a jury.
  • You may not need to attend in person, especially for fast-track claims under £25,000.
  • Solicitors can also apply to the court for interim payments if you need urgent financial support.

What percentage of claims go to court?

Only about 1% of injury claims are resolved through a court hearing. Most are settled through negotiations between your solicitor and the defendant’s insurer. Court proceedings are usually a last resort, as they are more costly and time-consuming for all parties.

99% of claims settle, but if yours goes to court it will be a civil hearing without a jury. It's less formal than a criminal trial: a judge reviews the evidence and makes the decision.

John Kushnick

Legal Operations Director
National Accident Law

What happens when I make a claim?

Your solicitor will first check that:

  • You were injured within the last three years (or longer if children are involved).
  • Another party was responsible for your injury.
  • The defendant owed you a legal duty of care.

Most claims are made on a No Win, No Fee basis. This means you will not pay any legal costs if your case is unsuccessful, even if it goes to court.

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Why do some claims go to court?

Although most claims settle out of court, there are situations where going to trial becomes more likely:

Complex or serious cases

Cases involving severe or long-term injuries are more likely to require a court ruling. Examples include:

  • Industrial disease claims
  • Spinal, head or back injuries
  • Medical negligence
  • Fatal accident claims
  • Injuries involving children

Denial of liability

If the defendant denies responsibility, your solicitor may need to issue court proceedings. However, negotiations can continue right up to the trial date, and many cases still settle before the hearing.

Lack of response

If the defendant or their insurer fails to respond within the required time limits, your solicitor can apply to the court to force them to engage with the claim.

Interim payments

Your solicitor may apply to the court for an interim payment if you need urgent financial help, for example to cover treatment costs or essential living expenses.

What happens if my case goes to court?

If settlement cannot be reached, your solicitor will file your claim at court. The court will then:

  • Review your case
  • Set deadlines for evidence and documents
  • Assign a trial date

Even once a trial date is set, settlement discussions often continue. Many cases are resolved before reaching the courtroom.

What happens in court?

Your case will be heard in a civil courtroom. There is no jury, and hearings are usually less formal than criminal trials. A judge will review the evidence and make a decision.

For claims worth £1,000 to £25,000 (fast-track claims), you are usually represented by a solicitor or barrister, and you may not need to attend. For claims over £25,000 (multi-track claims), you may need to attend and answer questions about your injury.

What happens after the hearing?

Once all evidence has been heard, the judge will decide:

  • Whether your employer is liable for your injury.
  • The level of compensation you should receive if you win.

If you win, the compensation is normally paid by your employer’s insurer. If you lose, you will not have to pay your solicitor’s fees under a No Win, No Fee agreement.

Call now for free, specialist advice

We'll put you straight through to an experienced work injury advisor:

  • Advice that's right for your case
  • Check if you can claim
  • No Win, No Fee explained clearly

If you decide to make a compensation claim, we'll connect you with the right solicitor.

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Calls are confidential and are handled by our partners at National Accident Helpline. Work Accident Advice Centre (WAAC) is a Claims Management Company regulated by the Financial Conduct Authority (Ref number: 835858). Registration is recorded on the FCA website https://register.fca.org.uk/.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

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Last reviewed October 2025 by Chris Salmon