Personal injury
claim experts

Not every accident, injury or illness will lead to a valid personal injury claim. As a general rule, you may be able to claim compensation for a personal injury if:

• You were injured within the last three years – The three-year time limit to claim usually begins on the date of your accident or the date you became aware of your illness or injury.

• Another party was entirely or partially responsible for your injury – If you were partially at fault, any compensation owed to you may be reduced to reflect your contributory negligence.

• The other party owed you a duty of care – This is established under legislation such as the Road Traffic Act 1988 and the Health and Safety at Work etc. Act 1974.

It may be possible to claim compensation for any type of accident that results in a personal injury and is caused by someone else’s negligence, including:

• Road traffic accidents involving drivers, passengers, cyclists or pedestrians
• Workplace accidents caused by unsafe conditions, faulty machinery or a lack of training
• Accidents in public, such as slips, trips and falls in shops, restaurants, parks and on walkways
• Medical negligence involving misdiagnosis, medication errors and surgical mistakes
• Criminal injuries such as physical assaults, sexual abuse or other violent incidents
• Sports accidents resulting from faulty equipment, poor coaching or dangerous ground conditions
• Fatal accidents involving the wrongful death of a loved one

No win no fee allows you to make a personal injury claim without paying legal fees upfront. If your solicitor believes your claim has a reasonable chance of success, they may offer to represent you under this type of agreement.

If your claim is successful, your solicitor will deduct a success fee from your compensation. This fee is usually capped at 25% of the compensation you receive for your injury and past financial losses.

If your claim is unsuccessful, you should not have to pay your solicitor for the work they have done, provided you have kept to the terms of your agreement. Your solicitor will explain any costs, insurance arrangements or circumstances where a fee could become payable before you decide whether to proceed.

The strength of a personal injury claim relies heavily on clear evidence of how the injury occurred and how it has affected your life. Common types of evidence that can help support your claim include:

• Medical records confirming the type and extent of the injuries, the treatments received and any long-term or permanent consequences.
• Photographs and videos of the scene of the accident, taken from different angles before anything is moved or repaired.
• Pictures of injuries and the damage to your property, such as car damage if you were involved in a car accident.
• Witness statements providing an independent account of how your accident occurred.
• Police reports and a crime reference number if you were the victim of a violent crime or a hit-and-run accident.
• An accident report form if you were injured in a public place or had an accident at work.
• A personal diary of your symptoms, recovery process and how your injuries affected your work and daily life.
• CCTV or dash cam footage can show exactly how and why the accident occurred.
• Financial evidence of losses and expenses you incurred as a result, such as invoices, pay slips, and bank statements.

While each claim for a personal injury is different, they all follow the same basic steps:

1. Discuss the circumstances of the case during a free assessment – a legal expert will ask you a few questions about your accident to determine your chances of success.
2. Appoint your solicitor – If you are eligible to make a claim, you will be paired with a no win no fee personal injury solicitor who is right for your case.
3. Gather supporting evidence – Your solicitor will help you gather evidence to support your claim, such as medical records, CCTV footage, or witness statements.
4. Work out your compensation award – The value of your claim is calculated based on the severity of your injury and the related financial impact.
5. Letter of claim – Your solicitor will send the defendant a letter of claim informing them of your allegations of negligence and the compensation you seek.
6. Negotiate a settlement – Most personal injury cases are settled through negotiations with the defendant or their insurance company. If negotiations fail, the case may proceed to court.
7. Receive your compensation payment – If you have accepted a settlement offer or the court has ruled in your favour, you should usually receive your compensation within a few weeks.

The Limitation Act 1980 sets a general 3-year time limit from the date of the incident or the date of knowledge to start a personal injury claim.

There are several exceptions, including:

• Children – A parent or guardian can pursue compensation on their behalf at any time. Once the child turns 18, they will have until 21 to start a claim themselves.
• Mental capacity – There is no time limit to seek compensation on behalf of a victim who lacks the mental capacity to make a claim themselves. The 3 years starts if capacity is regained.
• Criminal injuries – You usually have 2 years to start a claim through the Criminal Injuries Compensation Authority (CICA) following a criminal act.
• Military injuries – Military personnel injured on duty may have 7 years to claim compensation through the Armed Forces Compensation Scheme (AFCS).

Regardless of how much time you might have to claim, the sooner you take legal action, the easier it is to investigate the accident and gather evidence to build a strong case.

There is no set time frame for a personal injury claim in the UK. Typical timeframes include:

• Road accident claims – 2 to 6 months
• Public liability claims – 1 to 3 years
• Accident at work claims – 6 to 9 months
• Medical negligence claims – 1 to 3 years
• CICA claims – 12 to 18 months

Each case is unique, and how long it may take for it to settle depends on several factors, such as:

• The accident circumstances – a straightforward road accident is likely to settle faster than a complex medical negligence claim.
• The type and extent of injuries – severe, long-term injuries take longer to assess than a minor injury that will fully heal within several weeks.
• The availability of evidence – in some cases, your solicitor may need time to gather the proof needed to build a strong case.
• Liability disputes – if the defendant does not admit liability, your solicitor may have to issue court proceedings, which could significantly extend the timeline.
• Whether you have to go to court – if you cannot negotiate a settlement and must go to court, your claim may take significantly longer.

You can help speed up the process by documenting everything in detail from day one, seeking prompt medical care and contacting an experienced personal injury solicitor.

Under UK law, you may be able to make a compensation claim on behalf of someone else if the court appoints you as their litigation friend.

The Court of Protection Rules 2017 state that you can make a claim on behalf of:

• Children under the age of 18 
• Adults who lack mental capacity under the Mental Capacity Act 2005

As a litigation friend, you will have several responsibilities, including:

• Approve and sign legal documents
• Instruct solicitors and take legal advice
• Attend court hearings
• Pay the fees requested by the court
• Consider any settlement offers
• Make decisions about the claim

Any compensation awarded to the claimant is typically held in a personal injury trust or a court-controlled account to ensure it is used for their benefit.

Every claim is unique, and the compensation awarded in a successful case depends on how serious your injuries are and how they affect your life. This will cover two types of damages: general damages and special damages.

General damages cover pain, suffering and impact on quality of life, including:

• Physical pain
• Psychological harm
• Long-term disability
• Lowered life expectancy
• Loss of amenities
• Reduced mobility

Special damages cover financial losses and expenses, such as:

• Medical treatments
• Mobility aids and other medical devices
• Rehabilitation and physiotherapy
• Adaptations to your home or vehicle
• Past and future loss of earnings
• Costs of care and assistance

Examples of compensation ranges for general damages recommended by the Judicial College include the following:

• £240 to £20,000+ for minor injuries with full recovery within a year
• £2,000 to £40,000+ for moderate injuries with some lasting impact
• £5,000 to £100,000+ for severe injuries with long-term or permanent disability
• £10,000 to £493,000 for very severe, life-changing injuries

You can refer to our free compensation calculator or speak to a solicitor to get a better understanding of how much your claim could be worth.