Bringing a Personal Injury Claim
Step-by-step guide to making a personal injury compensation claim in England & Wales.
Overview
If you have been injured due to someone else's negligence (road accident, workplace accident, slip and fall, medical negligence), you may be entitled to compensation. Personal injury claims are governed by the law of negligence and the Pre-Action Protocol for Personal Injury Claims. Most claims are funded by conditional fee agreements ('no win, no fee'). The limitation period is 3 years from the date of injury or date of knowledge (Limitation Act 1980, s.11).
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves bringing a personal injury claim.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Seek Medical Attention and Record Evidence
Get medical treatment and ensure your injuries are documented. Take photographs of injuries, the accident scene, and any hazards. Obtain contact details of witnesses. Report the accident (to your employer if at work, to the police if a road accident).
- Keep all medical records, receipts, and evidence of expenses
- Note the date, time, and circumstances of the accident in detail
- Do not admit fault or sign anything from an insurer without legal advice
Instruct a Solicitor
Find a personal injury solicitor — most offer a free initial assessment and work on a 'no win, no fee' basis (conditional fee agreement). The solicitor will assess the merits of your claim, the likely value, and the best approach.
- Check the solicitor is a member of the Association of Personal Injury Lawyers (APIL) or the Law Society's Personal Injury Panel
- For claims under £5,000 from road traffic accidents, you must use the Official Injury Claim portal
Letter of Claim
Your solicitor sends a detailed letter of claim to the defendant (or their insurer) setting out the facts, the basis of the claim, and the injuries suffered. The defendant has 21 days to acknowledge and 3 months to investigate and respond.
- The Pre-Action Protocol requires early disclosure of documents and medical evidence
- The defendant's insurer may make an early offer — do not accept without legal advice
Medical Evidence
An independent medical expert examines you and prepares a report on your injuries, prognosis, and any ongoing effects. This report is central to valuing your claim.
- Attend all medical appointments and follow treatment recommendations
- The medical report should cover all injuries, not just the most serious
Negotiation and Settlement
Most personal injury claims settle without going to court. Your solicitor will negotiate with the defendant's insurer based on the medical evidence and your financial losses (lost earnings, travel costs, care costs, etc.). If agreement is reached, the claim is settled and compensation is paid.
- Compensation covers 'general damages' (pain and suffering) and 'special damages' (financial losses)
- Do not accept the first offer — it is usually below the true value
Court Proceedings (if necessary)
If settlement cannot be reached, your solicitor issues court proceedings. The claim is allocated to the appropriate track (small claims up to £5,000, fast track up to £25,000, multi-track above £25,000). The case proceeds through disclosure, exchange of evidence, and trial.
- Most cases settle before trial, even after proceedings are issued
- The court can award interim payments before the final hearing
Costs
Important Warnings
The limitation period is strictly 3 years from the date of injury or date of knowledge. After that, your claim is time-barred (with very limited exceptions).
Be honest about your injuries — surveillance by insurers is common, and exaggerating a claim is fraud.
Useful Links
Frequently asked questions
- How long does the bringing a personal injury claim process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Immediately after the accident"; "As soon as possible after the accident"; "3 months for the defendant to respond"; "4–8 weeks for the report". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Solicitor fees (no win, no fee) — Success fee deducted from compensation (max 25% of damages); Court fees (if proceedings issued) — £35–£10,000 depending on claim value; Medical report — Usually paid by the solicitor and recovered from the defendant. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: The limitation period is strictly 3 years from the date of injury or date of knowledge. After that, your claim is time-barred (with very limited exceptions).; Be honest about your injuries — surveillance by insurers is common, and exaggerating a claim is fraud.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Official Injury Claim portal (RTA claims under £5,000); Association of Personal Injury Lawyers. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.