How Many Personal Injury Claims Go to Court?
Most personal injury claims never see a courtroom
Worried about going to court? You’re not alone – but most personal injury claims are settled long before trial. Our experienced solicitors work to secure the compensation you deserve, without the stress of going to court. Call 020 7485 8811 for expert legal advice.
“Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases. “
“Osbornes has considerable experience in cases arising from motor accidents and accidents at work.”
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If you’ve been injured in an accident that wasn’t your fault, you might be worried about standing up before a judge in court. The good news is that only around 2-5% of personal injury claims ever reach trial. Most cases settle through negotiation long before you’d need to step into a courtroom.
Our experienced personal injury solicitors understand that the prospect of court can feel daunting. We work to secure fair settlements through skilled negotiation, and only pursue litigation when it’s absolutely necessary. Call 020 4502 8451 to discuss your claim.
How many personal injury claims actually go to court?
The statistics paint a reassuring picture for anyone worried about their claim ending up in court.
According to figures from the Ministry of Justice, only 14,000 of the 490,000 County Court claims made in the first three months of 2025 went to trial. This represents less than 3% of all cases. When we look specifically at personal injury claims, the figures show that 95-97% of cases settle without ever reaching a courtroom.
The picture is even more encouraging in the context of medical negligence. Based on reports from NHS Resolution, the NHS’s claims management body, 83% of medical negligence claims were resolved without legal proceedings in 2024/25, the highest percentage ever achieved, and only 0.2% of cases proceeded to trial.
This means that if you make a personal injury claim, there’s an overwhelming likelihood that your case will be resolved through negotiation between solicitors rather than in front of a judge.
Why do so few personal injury claims go to court?
There are four compelling reasons why both sides prefer to avoid trial.
1. Insurance companies want to settle
Insurance companies, which handle the vast majority of personal injury claims, generally prefer to settle out of court. Going to trial is unpredictable for insurers. No matter how strong a defence appears, there’s always a risk that a judge might see the evidence differently or award higher damages than anticipated.
Settling a claim, even for what might seem like a generous amount, is often cheaper than fighting it in court. Obviously, insurers will try to avoid paying more than they have to. But from a business perspective, putting a reasonable amount of money on the table to buy the claim off allows them to close the file and move on.
2. Court proceedings are time-consuming and expensive
The average time for a small claim to reach trial in early 2025 was nearly 50 weeks. Intermediate and multi-track claims (claims with a higher value) took an average of 75 weeks from claim to hearing. For someone who’s been injured and is struggling financially, waiting over a year for a trial date is far from ideal.
Court proceedings also involve substantial costs. While claimants using no win no fee agreements are protected from having to pay their own legal costs if they lose, settling early means both sides avoid these costs and can reach resolution more quickly.
3. Pre-action protocols encourage settlement
The legal system itself is designed to encourage settlement before court becomes necessary. The Pre-Action Protocol for Personal Injury Claims, a series of steps that both parties must follow, requires both sides to share evidence and medical reports early in the process. This “cards on the table” approach means there’s often little dispute over what the claim is worth, which means cases are likely to settle.
4. Most cases have clear liability
In straightforward cases where fault is obvious and the injuries are well-documented, there’s little reason for a defendant to contest a claim they will likely lose at trial. When the evidence clearly shows negligence, it makes sense to negotiate a reasonable settlement rather than incur the additional costs of litigation.
Is issuing court proceedings the same as going to court?
No, issuing court proceedings is not the same as going to court. Issuing proceedings is the formal start of the legal process by filing a claim form with the court. “Going to court” happens much later in the process.
It’s extremely common for court proceedings to be issued even though both sides still hope to settle. This might happen if:
- The three-year limitation deadline is approaching
- The defendant isn’t responding to pre-action correspondence, or
- The defendant disputes liability and formal proceedings are needed to progress the case.
Issuing proceedings doesn’t mean you’re definitely going to trial, and settlement negotiations usually continue through the process. Even after a trial date is set, it’s common for cases to settle “at the door of the court” – literally on the day of trial. Both sides recognise that settling gives them control over the outcome, whereas once the case goes before a judge, they’re at the mercy of how the evidence is viewed.
What type of cases do go to court?
In 2-5% of cases, court proceedings may be the only way forward. It’s difficult to identify these cases up front, but most fall into one of the following categories:
- The defendant denies responsibility for your accident. These cases often involve complex facts and arguments about causation (whether the defendant’s actions actually caused your injuries).
- The defendant accepts liability, but disputes how much compensation you should receive. This commonly happens in cases involving children with lifelong needs, where there’s significant disagreement about future care costs and what their earning capacity might be.
- Catastrophic injury or permanent disability cases involving compensation claims running into hundreds of thousands or millions of pounds. The stakes are so high that defendants may insist on a trial to ensure the claim is thoroughly tested. For example, medical negligence cases involving severe birth injuries frequently need judicial determination.
- You are seeking an interim payment. If you need urgent financial support before your claim is settled, your solicitor can apply to the court for an interim payment. This is an early payment of some portion of your expected compensation.
If your case does proceed to a full trial, it will be heard by a judge sitting alone, not a jury. The process is formal but less intimidating than many people fear. Your solicitor and potentially a barrister will represent you throughout, presenting your case and cross-examining the defendant’s witnesses.
How to ensure your personal injury claim doesn’t go to court
The following steps will maximise your chances of settling without litigation:
Instruct a specialist personal injury solicitor
The single most important decision you can make is choosing the right solicitor. An experienced personal injury lawyer who specialises in your type of claim – whether that’s a cycling accident , an accident at work , or another form of injury – will know how much your claim is worth, how to negotiate with insurance companies, when to push for a higher offer, and when to accept a reasonable settlement. Their expertise means they can build a compelling case that encourages early settlement.
Gather strong evidence
The strength of your evidence directly impacts how willing insurers are to settle. Make sure to document everything related to your accident and injuries such as:
- Photographs of the accident scene and your injuries
- Contact details of any witnesses
- Medical records and reports from your doctors
- Receipts and records of all expenses related to your injury
- Documentation of lost earnings
The more comprehensive your evidence, the clearer the picture of negligence and loss becomes. When liability is obvious and damages are well-supported, insurers have little reason to dispute the claim.
Complete your medical treatment
It’s difficult to value your claim accurately when you’re still receiving treatment. Settling too early, before the full extent of your recovery is known, could mean you receive less compensation than you deserve if your condition turns out to be worse than initially thought.
Your solicitor will typically wait until you’ve reached “maximum medical improvement” before pursuing final settlement negotiations. This ensures that all long-term impacts are properly accounted for in your compensation.
Participate in alternative dispute resolution
If settlement negotiations stall, there are options short of going to trial. Joint Settlement Meetings (JSM) bring both sides together for focused negotiations. JSMs allow multiple offers to be made quickly in one day rather than through drawn-out correspondence, and can be particularly effective in higher-value or more complex cases such as those involving brain injuries or serious road accidents. Mediation is another option where an independent mediator helps both parties work towards a settlement.
The court expects parties to consider these alternatives. Refusing to engage with alternative dispute resolution without good reason can result in cost penalties.
Respond to offers carefully
Insurance companies often make an unreasonably low “nuisance value” offer hoping you’ll accept out of desperation. Trust your solicitor’s advice about whether an offer is fair or whether you should hold out for more.
This includes Part 36 offers, which are formal settlement offers that carry specific cost consequences. If you reject a Part 36 offer and then fail to beat it at trial (meaning you’re awarded less than the offer), you could have to pay the defendant’s costs from the date of the offer. These offers shouldn’t be rejected lightly, and you should consider them thoroughly in consultation with your legal team.
How can our personal injury lawyers help you secure an early settlement?
For over 50 years, we’ve been helping personal injury clients achieve the full value of their claim. Most of the time, that involves negotiating firmly but fairly with defendants and their insurers. But we’re not afraid to issue court proceedings when necessary, and we have extensive trial experience in the High Court and County Courts.
Our personal injury team is consistently ranked in the top tier by Chambers & Partners and The Legal 500, with our lawyers described as “fiercely bright, with an unrivalled passion for clients’ cases.” We regularly secure multimillion-pound settlements in serious injury cases, but we apply the same care and expertise to every claim regardless of value.
Call us for a free initial consultation
If you have been injured in an accident involving an Amazon delivery driver:
- Call us on 020 7485 8811, or
- Fill out the contact form below.
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Personal Injury Accreditations
The team offers specialist expertise in cycling-related injury claims and regularly acts for foreign nationals.
It has considerable experience in cases arising from motor accidents and accidents at work.
Osbornes has a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims, including fatalities and severe injuries regarding the brain and spinal cord.
Osbornes have expert leadership. They are very client-centred and provide great communication.
They have got a team of strong partners who are experienced and capable, and their lawyers have a can-do attitude and don't seem to be fazed by anything.
They grasp complex and sophisticated matters quickly.
From partners to associates, the lawyers are committed to ensuring a successful outcome for every client.
They have intelligent, experienced lawyers who advise their clients very carefully.
Osbornes deal with their clients in a very professional manner, attempting to get the best results at all times.
Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases.
Excellent firm with a good insight into and prosecution of catastrophic PI work handled by an experienced team.
Without doubt, Osbornes are the firm to watch in London.
This team is growing in profile all the time. The firm now has many of London's leading personal injury solicitors.
The file handlers I have worked with are experienced and expert personal injury practitioners who can be relied upon to achieve excellent outcomes for the client.
They are very supportive of their clients and are willing to take on difficult cases.
This team is very well organised and approach their cases with great attention to detail.
They have particular expertise in dealing with Eastern European clients who speak little or no English as they have native speakers within their team.
Osbornes is a excellent firm for high value and complex personal injury work.
Osbornes Law is a really strong team with a lot of depth.
Osbornes work professionally as a team, responding diligently to emails or telephone calls.
Osbornes deals with fatalities incurred during traffic and workplace accidents.
Osbornes clients are individuals whose cases are treated with the focus required when dealing with life changing injuries.
Fielding a ‘first class, very well resourced’ team of litigators, the personal injury department at Osbornes is rated for its diverse workload of complex, high-value injury claims, representing both domestic and international claimants.
Osbornes is an excellent firm, made up of lawyers with flair and pedigree.
Osbornes lawyers are smart, well trained, experienced and well managed.
Osbornes personal injury practice is first class; very well resourced and second to none.
Osbornes is becoming one of the top players in the claimant personal injury market. A large team with a great number of very high quality solicitors.
Osbornes is a highly proficient serious injury firm. They bring all the benefits of the biggest firms in the market but none of the downsides.
Osbornes prepares cases well; the whole team is good and lawyers there know their stuff.
They deal with people compassionately and take on the right amount of detail. The firm has some really brilliant key solicitors.
The personal injury team is responsive and its level of service towards clients and other professionals is exceptional and high quality
The team offers specialist expertise in cycling-related injury claims and regularly acts for foreign nationals.
It has considerable experience in cases arising from motor accidents and accidents at work
Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.
Their team includes bright, hard-working solicitors dedicated to achieving successful outcomes for their clients from partner level to paralegal. Their client care is exceptional.
They are a team who are highly respected in the PI sector.
This is an excellent PI team doing a broad range of PI work.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims, with notable strength in acting for European clients for whom English is not a first language.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims.
"They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"
Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.
The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.
Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.
A really excellent group of PI solicitors, notable for their individual quality.’
A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.
This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.
The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.
To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'
"Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
Our Personal Injury Team View the whole team
Rob Aylott
Partner
Personal Injury SolicitorsSam Collard
Partner
Personal Injury SolicitorsSophie Davies
Partner
Personal Injury SolicitorsLaura Swaine
Partner
Personal Injury SolicitorsNicola Hall
Senior Associate
Personal Injury SolicitorsAndrew Middlehurst
Senior Associate
Personal Injury SolicitorsView the
whole team
