Personal Injury Law
Compensation claims for physical and psychological injury — limitation periods, the whiplash tariff and Official Injury Claim portal, no-win-no-fee funding, fatal accident claims, and criminal injuries compensation.
Introduction
Personal injury law is the branch of civil law under which a person injured by another's negligence or breach of duty claims compensation. It spans road traffic accidents, accidents at work, public liability (such as slips and trips), industrial disease, and fatal accidents. Claims are founded on the law of negligence — duty of care, breach, causation and damage — and damages are divided into general damages for pain, suffering and loss of amenity (PSLA) and special damages for financial losses such as lost earnings and care costs. Damages may be reduced for contributory negligence under the Law Reform (Contributory Negligence) Act 1945. Limitation is the first question in every claim. Section 11 of the Limitation Act 1980 imposes a special time limit: the claim must be brought within three years of the date the cause of action accrued or, if later, the injured person's 'date of knowledge'. Section 14 defines date of knowledge as the date the claimant first knew that the injury was significant, that it was attributable to the act or omission complained of, and the identity of the defendant — which matters greatly in industrial disease and delayed-diagnosis cases. Time does not run against children or others under a disability (s.28), and the court has a discretion under s.33 to allow a late claim where it would be equitable to do so. Low-value road traffic claims were transformed by the whiplash reform programme, which applies to claims arising from RTAs occurring in England and Wales on or after 31 May 2021. The Civil Liability Act 2018 requires damages for whiplash injuries lasting up to two years to be fixed by a statutory tariff, set out in the Whiplash Injury Regulations 2021 (uprated for causes of action accruing on or after 31 May 2025). At the same time the small claims track limit for RTA-related personal injury claims rose from £1,000 to £5,000, and the Official Injury Claim (OIC) portal was created so that unrepresented claimants can make and settle their own claims. Claims are commonly funded by conditional fee ('no win, no fee') agreements, with the success fee capped in personal injury cases at 25% of specified damages.
In Brief
Most personal injury claims must be issued within three years of the accident or of your 'date of knowledge' if later (Limitation Act 1980, s.11); children have until three years after turning 18, and the court can extend time under s.33. Low-value road traffic claims (up to £5,000) go through the Official Injury Claim portal, with whiplash damages fixed by statutory tariff — £275 to £4,830 for accidents on or after 31 May 2025. No-win-no-fee success fees are capped at 25% of general damages plus past losses.
Core Principles
Negligence Framework — Liability rests on the ordinary elements of negligence: a duty of care (Donoghue v Stevenson [1932]; Caparo v Dickman [1990]), breach of that duty, and injury caused by the breach that is not too remote. Damages may be reduced where the claimant's own fault contributed to the injury (Law Reform (Contributory Negligence) Act 1945).
Three-Year Limitation (Limitation Act 1980, s.11) — A personal injury action 'shall not be brought' after three years from the date on which the cause of action accrued or, if later, the date of knowledge of the person injured. This special limit displaces the ordinary six-year tort period wherever the damages claimed consist of or include damages for personal injuries.
Date of Knowledge (s.14) — Time runs from when the claimant first knew that the injury in question was significant, that it was attributable in whole or in part to the act or omission alleged, and the identity of the defendant. Knowledge includes what the claimant could reasonably have been expected to acquire, including with appropriate expert help — critical in industrial disease and long-latency injury claims.
Discretion to Disapply (s.33) — The court may allow a late personal injury action to proceed if it appears equitable, weighing the prejudice to each side and all the circumstances of the case, including the length of and reasons for the delay and the effect on the cogency of the evidence.
Children and Protected Parties (s.28) — Where the claimant was under a disability (a child, or lacking capacity) when the cause of action accrued, the action may be brought within three years of the disability ceasing — so a child injured at any age has until their 21st birthday (three years from turning 18) to issue.
Whiplash Tariff (Civil Liability Act 2018 and Whiplash Injury Regulations 2021) — For road traffic whiplash injuries lasting up to two years, damages for pain, suffering and loss of amenity are fixed by regulations made by the Lord Chancellor. For causes of action accruing on or after 31 May 2025 the tariff runs from £275 (injury of not more than 3 months) to £4,830 (more than 18 but not more than 24 months), or £300–£4,975 where minor psychological injuries are also suffered; for causes of action accruing before 31 May 2025 the original tariff (£240–£4,345) applies.
Official Injury Claim Portal and the £5,000 Small Claims Limit — The whiplash reforms (RTAs on or after 31 May 2021) raised the small claims track limit for RTA-related personal injury claims from £1,000 to £5,000 and introduced the free Official Injury Claim service, designed so claimants can make and settle their own claim without legal representation.
Conditional Fee Agreements — Most claims are run on 'no win, no fee' CFAs. In personal injury proceedings at first instance the success fee is capped at 25% of the damages specified by the Conditional Fee Agreements Order 2013: general damages for PSLA and pecuniary loss other than future pecuniary loss, net of sums recoverable by the DWP's Compensation Recovery Unit.
Fatal Accidents — Under the Fatal Accidents Act 1976 dependants may claim for loss of dependency, and an action may include a claim for damages for bereavement — a fixed sum of £15,120 in England and Wales. Where the injured person dies within the limitation period, time runs afresh: three years from the date of death or the personal representative's date of knowledge (Limitation Act 1980, s.11(5)).
Criminal Injuries — A person seriously injured in a violent crime may claim under the Criminal Injuries Compensation Authority (CICA) scheme instead of, or as well as, suing an (often uninsured) assailant. Applications must normally be made within 2 years of the crime, which must first be reported to the police; the maximum total award is £500,000.
Key Statutes
Leading Cases
Common Scenarios
Whiplash after a rear-end collision
For an RTA on or after 31 May 2021 with injury damages up to £5,000, the claim proceeds on the small claims track via the Official Injury Claim portal, which is designed for claimants acting without legal representation. Whiplash damages are fixed by the statutory tariff — for accidents on or after 31 May 2025, £275 to £4,830 depending on how long the injury lasts (up to 24 months), rising to £300–£4,975 where minor psychological injuries are also suffered. Medical evidence is required before settlement.
Industrial disease discovered years after exposure
For conditions such as deafness or respiratory disease that emerge long after employment ended, the three-year clock runs from the s.14 'date of knowledge' — when the claimant first knew the injury was significant, attributable to the act or omission alleged, and who the defendant was — not from the exposure itself. Even if that period has passed, the court can disapply the time limit under s.33 where it is equitable to do so.
A family member is killed in an accident
Dependants can claim for loss of dependency under the Fatal Accidents Act 1976, and the action may include the fixed bereavement award of £15,120. The estate's claim and the dependency claim must be brought within three years of the date of death or of the personal representative's date of knowledge, whichever is later.
Injured in a violent assault
Where the attacker cannot realistically pay damages, the victim can apply to the Criminal Injuries Compensation Authority. The crime must be reported to the police before applying, and the application must normally be made within 2 years of the crime (with exceptions, including for childhood abuse). Awards can cover multiple injuries and loss of earnings, up to a maximum total of £500,000.
Frequently Asked Questions
How long do I have to bring a personal injury claim?
Three years from the date of the accident or, if later, your 'date of knowledge' — when you first knew the injury was significant, that it was attributable to the act or omission you complain of, and the identity of the defendant (Limitation Act 1980, ss.11 and 14). Time does not run while the claimant is a child: a person injured under 18 has until three years after their 18th birthday (s.28). The court also has a discretion under s.33 to allow a late claim where that would be equitable.
How much compensation will I get for whiplash after a car accident?
For road traffic accidents, whiplash damages for injuries lasting up to two years are fixed by the statutory tariff in the Whiplash Injury Regulations 2021 (made under the Civil Liability Act 2018). Where the cause of action accrues on or after 31 May 2025, the tariff runs from £275 for an injury lasting not more than 3 months to £4,830 for one lasting more than 18 but not more than 24 months — or £300 to £4,975 where you also suffered minor psychological injuries. For accidents before 31 May 2025 the original tariff (£240–£4,345) applies. Other injuries, and whiplash lasting over two years, are valued conventionally.
Do I need a solicitor for a low-value road accident claim?
Not necessarily. The whiplash reforms — which apply to claims arising from RTAs occurring in England and Wales on or after 31 May 2021 — raised the small claims track limit for RTA-related personal injury claims from £1,000 to £5,000 and created the Official Injury Claim service, a digital portal designed to let claimants make and settle their own claim without legal representation. On the small claims track legal costs are largely not recoverable, which is why many claimants in this bracket self-represent.
What does 'no win, no fee' cost me if I win?
Under a conditional fee agreement, the success fee your solicitor can deduct in a personal injury claim is capped at first instance at 25% of a specified pot of damages: your general damages for pain, suffering and loss of amenity plus past (not future) financial losses, net of any state benefits recoverable by the Compensation Recovery Unit (Conditional Fee Agreements Order 2013, arts 4–5). Future losses — often the largest element in serious injury cases — are protected from the deduction.
Can I claim compensation if I was injured by a criminal attack?
Yes — the Criminal Injuries Compensation Authority (CICA) scheme compensates people seriously injured in violent crimes in England, Wales and Scotland. You must report the crime to the police before applying, and you normally have to apply within 2 years of the crime (exceptions exist, including for childhood sexual or physical abuse or where you could not claim earlier). You can claim for multiple injuries and other losses such as loss of earnings; the maximum total award is £500,000.
Important Deadlines
Typical Costs
Official Resources
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Step-by-Step Guides
Know Your Rights
Common Scenarios
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