What happens if my Personal Injury Claim goes to Trial?

This is a common question we receive, as clients understandably feel anxious about the prospect of going to trial and testifying before a judge. Many of our clients have never experienced a courtroom setting, so we ensure they receive guidance throughout the court process right up to the final hearing, which can be intimidating.

While most cases are resolved through negotiation or settlement, there are instances when a claim must go to trial. If that occurs, it’s natural to feel uncertain about what lies ahead. To help you feel more prepared, we’ve addressed some of the most frequently asked questions.

Will My Case Definitely Go to Trial?

No, the majority of cases settle outside of court. Trials are considered a last resort and will only occur if both parties cannot agree on liability or the value of your claim. We strive to achieve a fair settlement with the other party, but if that’s not possible, the decision will ultimately rest with the trial judge.

How Long Will It Take for My Claim to Go to Trial?

The timeline varies based on several factors. After court proceedings begin, you won’t receive an immediate trial date. The court will issue a timetable with directions that all parties must follow, and once those are completed, the matter will be scheduled for trial. The timetable will also provide a trial window, offering insight into when your case might be heard, especially if it seems unlikely to settle without going to trial. In straightforward cases, a trial date can be set 6 to 9 months after the claim is filed.

Other influencing factors include:

• The complexity of the case
• The court’s workload, as your case may be one of many awaiting a hearing
• The availability of witnesses and experts

Keep in mind that court dates can change; if other direction dates are postponed, it could affect the trial window. However, we always aim to adhere to the existing timetable.

What Happens During the Trial?

A trial typically consists of four stages:

• Each party’s legal representative will present opening submissions outlining their claim or defence.
• You and any witnesses, including medical experts, will provide evidence and respond to questions under oath.
• Cross-examination will follow, with each party’s legal representatives questioning the other side.
• Closing submissions will summarise each party’s final arguments to the trial judge.

Finally, the trial judge will review the evidence and deliver a decision, usually on the same day.

Will I Have to Pay to Take My Case to Trial?

Whether you have to pay depends on how your claim is being funded. We will discuss funding arrangements at the start of the claim and during trial preparations. Typically, these costs are covered under a no win no fee agreement.

How Close to a Trial Date Can I Settle My Claim?

You can settle your claim right up to the morning of the hearing if an offer is made and you choose to accept it.

What Happens If I Win at Trial?

If you win, the trial judge will issue a judgment order in your favour, awarding you compensation and covering legal costs.

What Happens If I Lose at Trial?

While losing can be disappointing and means you won’t receive compensation, it does not automatically make you liable for the other party’s costs. We will discuss potential risks associated with losing at trial to help you make an informed decision about proceeding.

Annie Rana recently represented a client in a claim following a road traffic accident. Despite our efforts to reach a settlement, we proceeded to trial, where our client had to give evidence. This client was particularly anxious about going to trial due to her lack of experience in court, and we provided her with continual reassurance to ease her stress.

We understand the stress leading up to a trial and during the hearing itself. Our team is here to guide and support clients at every step until the claim is resolved. If you’re considering making a claim, please reach out to us, and one of our experienced personal injury solicitors will be ready to assist you and answer your questions.