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Frequently asked questions
Find answers to some of the most frequently asked questions about personal injury claims, including the claims process, compensation and no win no fee.
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Personal Injury FAQs
Our personal injury FAQs explain the key parts of making a claim, from eligibility and time limits to evidence, liability, compensation and legal costs. They are designed to give you clear, practical answers before you decide what to do next.
You can use this page to find guidance on how claims work, what evidence may be needed, how compensation is assessed and what common legal terms mean. Each FAQ links to a fuller guide with more detail on that specific topic.
Starting a Personal Injury Claim
You may be able to claim if you were injured because another person or organisation was negligent. This guide explains the main eligibility criteria, including fault, evidence, injury and time limits.
Most personal injury claims must be started within three years of the accident or the date you became aware negligence caused your injury. Different rules can apply for children, people lacking mental capacity and some other claims.
The time a personal injury claim takes depends on factors such as injury severity, evidence, liability disputes and whether the case settles early. Simple claims may resolve faster, while complex or serious injury cases can take longer.
Claims made after three years are usually more difficult, but there are exceptions. The guide explains when the limitation period may be extended, including cases involving children, mental capacity, date of knowledge and court discretion.
Learn when a claim may still be possible after three years →
The date of knowledge is when you first knew, or should reasonably have known, that your injury may have been caused by someone else’s fault. It can affect when the three-year limitation period begins.
Most personal injury claims require an independent medical examination. The report helps prove your injuries, link them to the accident and assess how they have affected your work, daily life and future recovery.
Find out what happens at an independent medical examination →
A litigation friend makes legal decisions for someone who cannot manage their own claim, such as a child or an adult lacking mental capacity. The role includes acting fairly and in the injured person’s best interests.
No Win No Fee, Costs & Funding
A no win no fee claim allows you to make a personal injury claim without paying your solicitor upfront. If your claim is unsuccessful, you will not pay your solicitor’s legal fees.
A conditional fee agreement is the formal legal agreement commonly used for no win no fee personal injury claims. It explains when your solicitor is paid, how fees work and what happens if the claim is unsuccessful.
A success fee is the percentage your solicitor deducts from compensation if your claim succeeds. In personal injury claims, this is agreed in advance and is usually capped at 25% of certain damages.
ATE insurance is usually taken out after an accident to help protect you from certain legal costs if your claim fails. It can cover expenses such as court fees, expert reports and the defendant’s costs.
If your claim is handled on a no win no fee basis, you usually do not pay your solicitor if the claim fails. ATE insurance may also protect you from other legal costs and disbursements.
Find out what happens if a personal injury claim is unsuccessful →
Evidence & Supporting a Claim
Evidence should help prove how you were injured, who was at fault and how the accident affected your life. This can include photographs, medical records, witness details, accident reports and documents showing financial losses.
CCTV can provide clear evidence of how an accident happened, but footage is often deleted after a short period. This guide explains how to request it, what to include and what to do if access is refused.
Photographs can help show the accident scene, visible injuries, property damage and hazards that contributed to your injury. The guide explains what to photograph, when to take pictures and how they may support liability and compensation.
A lack of witnesses does not automatically prevent a claim. Other evidence, such as photographs, CCTV, accident reports, medical records and expert evidence, may still help prove how the accident happened and who was responsible.
Your solicitor will usually need your medical records to prove the injury, assess its severity and link it to the accident. Records are only accessed with consent and may be shared with relevant experts or the defendant’s representatives.
Liability, Fault & Legal Principles
Liability means legal responsibility for an accident or injury. To make a successful claim, you usually need to show that another party owed you a duty of care, breached that duty and caused you harm.
It is not always obvious who was responsible straight away. A solicitor can investigate the circumstances, review evidence and help identify whether another person, business, employer, occupier or organisation may be liable.
Contributory negligence can apply when you are partly responsible for the accident or the extent of your injuries. You may still be able to claim, but your compensation could be reduced to reflect your share of fault.
A split liability claim is where both sides share responsibility for an accident. The guide explains how fault may be divided, how evidence is used and how compensation is reduced when the claimant is partly responsible.
You may still be able to claim if an accident aggravated a pre-existing injury or illness. Medical evidence will usually be needed to separate the impact of the accident from your previous condition.
Vicarious liability means one party can be legally responsible for the actions of another, such as an employer being liable for an employee’s negligent actions at work. The guide explains when this may apply.
Strict liability can apply where a defendant may be responsible without the claimant needing to prove negligence in the usual way. This guide explains when strict liability may arise and how it differs from ordinary fault-based claims.
Compensation, Payments & Financial Losses
General damages compensate you for the injury itself, including pain, suffering and loss of amenity. The value depends on the type and severity of your injury, recovery time and long-term impact.
Special damages cover financial losses caused by your accident or injury. They can include lost earnings, treatment costs, travel expenses, care, equipment and other out-of-pocket costs that can be supported with evidence.
You can usually include lost income in a personal injury claim if your injuries stopped you working or reduced your earnings. Evidence such as payslips, accounts and employer records may be needed.
Loss of earnings is calculated by comparing what you would have earned with what you actually received after the accident. The guide explains how past and future income losses may be assessed.
An interim payment is an early payment made before a claim fully settles. It may be available where liability is admitted or likely to be established, helping with urgent expenses such as treatment, care or lost income.
Find out when interim compensation payments may be available →
A compensation payment can affect means-tested benefits if it is held in your personal account. The guide explains how benefits may be affected and why a personal injury trust may help protect entitlement.
A personal injury trust keeps compensation separate from your personal finances. It can be useful if you receive, or may later need, means-tested benefits or local-authority-funded care.
Personal injury compensation is generally not taxable in the UK. However, some elements, such as interest added after settlement or returns from investing compensation, may need separate consideration.
Gratuitous care is unpaid help provided by family or friends because of your injuries. A claim may include the value of this care if it was reasonably needed due to the accident.
Loss of amenity refers to the impact an injury has on your ability to enjoy everyday activities, hobbies, independence and quality of life. It is usually considered as part of general damages.
Settlement, Offers & Court Process
A Part 36 offer is a formal settlement offer with specific legal consequences if it is not accepted. The guide explains how these offers work and why they can affect costs and negotiation strategy.
Without prejudice offers are settlement discussions that usually cannot be shown to the court while liability or compensation is being decided. They allow both sides to negotiate more openly.
Most personal injury claims settle without a full court trial. This guide explains why cases may still go to court, what can affect the likelihood of trial and how settlement is usually encouraged.
If you have a personal injury related question and cannot find the answer on this page, please feel free to contact us. We will be more than happy to help answer your questions and provide the advice you need.
Further below you can find FAQs that relate to specific types of negligence and accident claims, including road traffic accidents, medical negligence and accidents at work.
Road Accident Questions
The questions below are specific to different types of road traffic accidents, including those involving cars, motorbikes, lorries, pedestrians and bicycles.
Road Accident Questions
Medical Negligence Questions
The frequently asked questions below are about medical negligence and the process of making a medical negligence compensation claim.
Medical Negligence Questions
Work Accident Questions
Here we have provided answers to some of the most common questions we receive regarding accidents at work and making a compensation claim against an employer.
Work Accident Questions
