How does the initial claim process work for low-value injuries?

Most low-value personal injury claims are handled through the online Claims Portal. Higher-value claims follow the specific Pre-Action Protocol relevant to the type of injury, such as road traffic accidents or employer's liability. The process involves notifying the other party and exchanging information before any court proceedings begin.

What role does medical evidence play in my claim?

A single joint expert is usually appointed to produce a report covering the nature of your injury, the treatment required, and your long-term prognosis. This medical evidence is essential for establishing the extent of your harm and supporting your claim for compensation.

How is the amount of compensation calculated?

Your compensation is split into special damages, which cover out-of-pocket expenses, and general damages, which compensate for pain, suffering, and loss of amenity. General damages are typically assessed using Judicial College guidelines. Most cases settle before court proceedings are issued, often through negotiation or Part 36 offers.

All Legal Journeys

Civil Litigation

England & Wales

5 stages

12–36 months

Reviewed 2026-05-22

Personal injury claim journey

Claim from accident through pre-action protocol, medical evidence, settlement, or trial.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

Who Uses This Journey

Anyone injured through someone else's negligence — RTA, employer's liability, public liability, clinical negligence.

Stage-by-Stage Timeline

Claim notification (Portal or PAP)

Most low-value claims go through the Claims Portal. Higher-value follow the relevant Pre-Action Protocol.

Deadline: 3 years from injury or knowledge (s.11 Limitation Act 1980)

Medical evidence

Single joint expert produces a report on injury, treatment, prognosis.

Schedule of loss

Special damages (out-of-pocket) + general damages (Judicial College guidelines for pain, suffering, loss of amenity).

Negotiation / Part 36 offers

Most cases settle pre-issue. Part 36 offers carry costs consequences.

Issue and trial (if not settled)

Trial in County Court (Small Claims £1,000 limit for PI, Fast Track up to £25,000, Multi-Track above).

Possible Outcomes

Settlement
Trial judgment
Costs (usually inter-partes)

Official Sources

Pre-Action Protocol for Personal Injury

Frequently asked questions

How does the initial claim process work for low-value injuries?: Most low-value personal injury claims are handled through the online Claims Portal. Higher-value claims follow the specific Pre-Action Protocol relevant to the type of injury, such as road traffic accidents or employer's liability. The process involves notifying the other party and exchanging information before any court proceedings begin.
What role does medical evidence play in my claim?: A single joint expert is usually appointed to produce a report covering the nature of your injury, the treatment required, and your long-term prognosis. This medical evidence is essential for establishing the extent of your harm and supporting your claim for compensation.
How is the amount of compensation calculated?: Your compensation is split into special damages, which cover out-of-pocket expenses, and general damages, which compensate for pain, suffering, and loss of amenity. General damages are typically assessed using Judicial College guidelines. Most cases settle before court proceedings are issued, often through negotiation or Part 36 offers.