Pre-action protocol for personal injury claims

Find out what the pre-action protocol for personal injury claims is, how it works and what steps are followed before a claim goes to court.

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What is the pre-action protocol for personal injury claims?

Many claims for compensation follow a set of steps known as the pre-action protocol for personal injury claims. These aim to facilitate an out-of-court settlement between the two parties, promote a fair exchange of information and reduce the need for court proceedings.

The protocol sets out clear expectations for claimants and defendants to try to settle the claim before litigation. By following these rules, both sides are given the chance to resolve the dispute fairly and efficiently, without the added time, stress and legal costs of going to court.

Understanding how the pre-action protocol works is an important first step in any personal injury claim, as failure to follow it correctly can affect the outcome of your case.

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Table of Contents

What is the pre-action protocol?

The Pre-Action Protocol for Personal Injury Claims is a set of formal rules that the court will usually expect the parties to follow before a personal injury case is taken to court in England and Wales.

It is part of the Civil Procedure Rules (CPR) and sets out the steps that the claimant and the defendant must take to try and reach a fair settlement without court proceedings. These include the exchange of information, open communication, early investigation and settlement negotiations.

In practice, the pre-action protocol states that claimants must:

Formally notify the defendant
Set out the allegations in detail
Share relevant evidence
Allow the defendant to investigate the claim
Engage in negotiations before taking court action

In exchange, defendants must:

Investigate the allegations and gather relevant evidence
Provide a formal letter of response admitting or denying liability
Disclose relevant documents to the claimant
Make a reasonable attempt to settle the case out of court

Why does the pre-action protocol exist?

The pre-action protocol exists to encourage the early and fair resolution of personal injury claims before court proceedings are initiated.

The protocol is designed to:

Promote the exchange of evidence between the claimant and defendant
Help the parties understand the value of the claim early on
Reduce the number of cases that go to court
Encourage the early settlement of claims and alternative dispute resolution
Help reduce legal costs and avoid unnecessary delays
Ensure the defendant has sufficient details about the case before formal proceedings start

Does the pre-action protocol apply to all personal injury claims?

No, the pre-action protocol does not apply to all personal injury claims in the same way. It is mainly designed for claims likely to be allocated to the fast track, which are generally valued above the relevant small claims limit and up to £25,000. These include:

The spirit and principles of the protocol are still relevant in all personal injury cases, even if some types of claims are covered by specific protocols or different pre-action rules.

Are there different pre-action protocols for different claims?

Yes. There are distinct personal injury protocols tailored for different types of claims. Each outlines the specific steps the claimant and defendant must take to exchange information and attempt to settle before initiating formal court proceedings.

Examples include:

Each protocol has slightly different requirements, but they all follow the same basic principles.

What are the steps in the personal injury pre-action protocol?

The personal injury pre-action protocol is a formal set of steps generally required before taking a claim to court. These steps are detailed below:

This is the earliest step that the claimant or their solicitor may take to inform the defendant that a personal injury claim is likely to be made. At this stage, however, they may not have the information needed to send a formal, detailed letter of claim.

The Letter of Notification should contain basic information about the nature of the claim, the injuries sustained, and any immediate needs. The defendant should acknowledge it within 14 days.

At this stage, both parties should consider the treatment, care, and rehabilitation the injured person needs to achieve the best possible recovery. The claimant’s needs and the cost of providing for them can be assessed by using the Rehabilitation Code.

These are not limited to medical and physical therapy. They may also include psychological counselling, medical aids, house adaptations and occupational therapy and should be considered throughout the protocol.

Next, your solicitor will send a Letter of Claim to the defendant. This is a formal document that officially informs them that a legal claim is being pursued and should include the following information:

The claimant’s full name and address
Their clock/work number and their employer’s name and address, where relevant
A clear summary of how, when and where the accident happened
The allegations of negligence against the defendant
Details of the injuries sustained
The claimant’s medical and rehabilitation needs
Information about the claimant’s lost earnings and other losses
A request that a copy of the letter is sent to the defendant’s insurer within 7 days

A similar Claim Notification Form (CNF) is sent when other types of pre-action protocols are followed, such as for low value claims related to road traffic accidents or employers’ liability.

Once the defendant receives the Letter of Claim, they must acknowledge it within 21 days. If they fail to respond within 21 days, the claimant may be able to initiate court proceedings.

After acknowledging the Letter of Claim or CNF, the defendant usually has a maximum of three months to investigate the claim and the circumstances of the accident. Before the three months end, they must send a Letter of Response to the claimant, which should:

State whether they admit or deny liability
If they deny it, provide details explaining why
Provide their version of events
Provide copies of documents they rely upon to support their position

This stage involves the transparent exchange of relevant documents and evidence between the claimant and the defendant to ensure both sides have a clear understanding of the facts.

Claimants will typically disclose:

Relevant photographs or videos of the accident and injuries
Witness statements
Police and accident book entries
Receipts for medical care and travel
Proof of lost earnings or reduced earning capacity
Documents backing up any other financial losses

Defendants will typically disclose:

Instruction and training records
Inspection and maintenance records
Risk assessments
Witness statements
Accident book records
Records of complaints
CCTV footage

The disclosure of documents at this stage is typically limited to those requested by the other party in the Letter of Claim and Response.

Expert reports are independent assessments prepared by qualified professionals to help clarify key issues in a personal injury claim. They are used to provide objective opinions on matters that are outside the knowledge of the court, the claimant, and the defendant.

In most fast-track claims, you may only need a medical report from a medico-legal expert. This should detail your diagnosis, present condition, ongoing symptoms and long-term prognosis.

Depending on the accident, you may also need expert evidence from an accident reconstruction expert, a road safety engineer or a health and safety specialist.

If liability is admitted, the claimant should send the defendant a list of their past and future losses and expenses, as well as any medical records they rely on. Afterwards, a period of 21 days is allowed for the parties to consider whether they could settle the claim.

Either party could make a Part 36 offer to settle if they find it appropriate. If the offer is rejected and the rejecting party later fails to beat that offer at court, they may face financial penalties.

As litigation should be the last resort in every claim, both parties are encouraged to find alternative ways to settle the claim. Some of the options for Alternative Dispute Resolution (ADR) include:

Discussions and negotiations, which may include a Part 36 offer
Mediation by a neutral third party that helps the parties work toward an agreement
Arbitration by a neutral third party that makes a binding decision on the dispute
Joint settlement meetings between solicitors and insurers

As a last resort, if the parties are still unable to settle the claim, they are encouraged to re-evaluate the strengths and weaknesses of their position before issuing formal court proceedings, to assess whether settlement may still be possible.

After the stocktake, the claimant usually has a cool-off period of 7 to 14 days to write to the defendant’s insurance company and invite them to nominate solicitors to act on their behalf in the proceedings. This window is meant to encourage final negotiations.

What happens if a party fails to follow the pre-action protocol?

If a party fails to follow the pre-action protocol, the court may take this quite seriously if the case reaches formal proceedings.

Compliance with the protocol is important. While the parties are by no means forced to settle, they are expected to follow all the steps of the protocol correctly before taking the case to court, unless there is a good reason not to.

If you fail to comply, the court may impose the following sanctions:

The court may order you to pay the other party’s legal costs
Even if you win the claim, your compensation award may be reduced
The court may deprive you of interest on your compensation for the period of non-compliance
The court may halt the case until you fulfil all the required pre-action steps, leading to significant delays
The court may prevent you from relying on certain evidence withheld during the pre-action phase

Typically, the more serious the non-compliance, the more severe the potential cost penalties.

Can a claim be settled during the pre-action protocol?

Yes. Most personal injury cases are settled during the pre-action protocol stage, before legal proceedings are issued.

Once the defendant has had time to investigate the claim and review the evidence, settlement discussions can take place. A claim is typically settled at this stage when:

The defendant admits liability
Both parties agree on the value of compensation
Evidence clearly supports the extent of injuries and losses
Negotiations or ADR lead to an agreement

Settling at this stage is beneficial to both parties, as it is quicker, less costly and less stressful than going to court.

How long does the pre-action protocol take?

The time it takes to complete the pre-action protocol for personal injury claims depends on the complexity of the case, the severity of injuries and the availability of evidence.

In straightforward claims where liability is clear and medical evidence is readily available, the pre-action process can be completed in a few months.

However, more complex claims can take significantly longer. Cases involving serious injuries, disputed liability, or the need for expert evidence may take 12 to 18 months or more to resolve.

Although there is no fixed legal deadline for the entire protocol, there are specific time limits within it, such as the defendant’s three-month deadline to respond to the letter of claim.

If you want to start a claim or learn more about the pre-action protocol for personal injury claims, call 0800 470 0474 for free legal advice or request a call back.

Last edited on 15th Jun 2026

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.