An accident that was not your fault can leave you with far more than the injury itself: time off work, travel to appointments, damaged belongings and a lot of uncertainty about what to do next. Personal injury claims exist to put that right, by recovering compensation from the person or organisation responsible. This guide explains how the process works in England and Wales, step by step, in plain English.
Personal injury covers a wide range of situations — road traffic accidents, slips and trips in public places, accidents at work, and injuries caused by faulty products, among others. The details differ, but the overall path of a claim is broadly the same.
What counts as a personal injury claim?
To make a successful claim, three things generally need to be shown. First, that someone owed you a duty of care — drivers owe it to other road users, employers to their staff, and shops and councils to visitors, for example. Second, that they breached that duty by doing something careless or failing to do something reasonable. Third, that the breach caused your injury.
The wider duties behind many claims are explored in our guide to general obligations law, which explains how legal duties arise even where no contract exists. Where an injury happens at work, the employer’s safety duties matter too, and our overview of health and safety at work sets out what employers are expected to do.
The time limit: usually three years
In most cases, you have three years from the date of the accident to start court proceedings. The main exceptions are children, whose three years generally run from their eighteenth birthday, and people who lack mental capacity, where the limit may not run while that incapacity lasts. The court also has a limited discretion to allow late claims, but it is rarely wise to rely on that.
Three years sounds generous, but evidence is far easier to gather early. Treat the deadline as a reason to get advice promptly rather than a date to aim for.
Step 1: Gather evidence at the start
Strong claims are built on records made early. Report the accident — to the police after a road collision, to your employer and the accident book after a workplace injury, or to the shop or council after a fall in a public place. Photograph the scene and your injuries, keep the names of any witnesses, and save receipts for everything the accident costs you, from prescriptions to taxi fares.
Write down your own account while it is fresh, and keep a simple diary of symptoms, appointments and days off work. These notes often matter months later, when the claim is being valued.
Step 2: Get a medical assessment
See a doctor promptly, both for your own recovery and because medical records created close to the accident are important evidence. Later, the claim will usually involve an independent medical expert who examines you and writes a report describing the injury, how it has affected you, and how long recovery is expected to take. That report is central to valuing the claim.
Step 3: The claim is put to the other side
Your solicitor sends a formal letter of claim to the person or organisation at fault — in practice, usually their insurer. Many lower-value road traffic claims are handled through an official online portal designed to keep the process quick and structured. The other side investigates and must respond, within set timescales, saying whether they accept responsibility.
If liability is admitted, the claim moves to valuation and negotiation. If it is denied or only partly accepted, your solicitor will advise on the evidence needed and, if necessary, on issuing court proceedings. Most claims settle without anyone going to court.
Step 4: What compensation covers
Compensation is usually described in two parts. General damages cover the injury itself — pain, suffering and the effect on your everyday life — assessed using the medical evidence and guideline brackets used by the courts. Special damages cover financial losses: lost earnings, medical and travel expenses, care and help you needed, and damage to your property.
This is why keeping receipts and records from step one matters. Losses you can prove are losses you can claim. Disagreements about the amount are normally resolved by negotiation, sometimes with a barrister’s advice on value, rather than a trial.
Settlement, negotiation and going to court
Most personal injury claims end in a negotiated settlement rather than a courtroom. Once the medical evidence is complete and liability is admitted or largely accepted, solicitors exchange offers and counter-offers, often informed by a barrister’s written advice on what a court would be likely to award. Accepting a settlement is final, so it is normally only recommended once the medical picture is clear — settling while recovery is still uncertain risks undervaluing the claim.
If the other side will not make a fair offer, or denies responsibility outright, issuing court proceedings is the next step. Even then, cases frequently settle before trial as the hearing date concentrates minds. Judges expect both sides to have tried to resolve matters first, which is another reason the early steps — reporting, evidence and a properly set-out letter of claim — carry so much weight.
What “no win, no fee” really means
Most personal injury claims are run under a conditional fee agreement, usually called no win, no fee. In outline: if the claim fails, you do not pay your solicitor’s basic fees; if it succeeds, a success fee and other costs apply, part of which is usually recovered from the other side and part deducted from your compensation, within limits explained to you at the start.
The details vary between firms, so ask for the agreement in plain terms before signing: what percentage could be deducted, whether an insurance policy is recommended to cover the other side’s costs if you lose, and what happens if you change your mind. Clear answers now prevent surprises later.
When to get advice
You do not need to be certain you have a claim before asking. An initial conversation about what happened, when, and what evidence exists will usually establish whether a claim is worth pursuing. Employees worried about cost can also read our guide to free employment law advice in the UK, which explains where free help is available for work-related problems.
For smaller money disputes that do not involve injury, a different route applies — our step-by-step guide to the small claims court in the UK explains that process. For injuries, though, the pattern is consistent: report it, record it, get medical evidence, and take advice early while the three-year clock is comfortably in your favour.
