How long does a personal injury claim take?

Simple claims where liability is admitted can settle within 6-12 months. More complex cases, or those where liability is disputed, can take 2-3 years or longer. Medical negligence claims are often the most complex and can take several years to resolve.

Will I have to go to court?

Most personal injury claims settle without a trial. Over 95% of cases are resolved through negotiation. However, court proceedings may be issued as part of the process, and you should be prepared for the possibility of a trial if the defendant won't offer fair compensation.

Can I claim if the accident was partly my fault?

Yes, you can still claim even if you were partly to blame. Your compensation will be reduced by the percentage of fault attributed to you. This is called contributory negligence. For example, if you're found 20% at fault, your compensation would be reduced by 20%.

What evidence do I need for a personal injury claim?

Useful evidence includes photographs of the accident scene and your injuries, details of any witnesses, a record of your injuries and treatment (your medical records will be obtained), receipts and records of expenses incurred, and evidence of lost earnings. Your solicitor will help you gather what's needed.

Do I need to see a doctor for a personal injury claim?

Yes, medical evidence is essential. You should see your GP or attend A&E promptly after an accident to document your injuries. Your solicitor will then arrange for you to be examined by an independent medical expert who will prepare a report on your injuries, treatment, and prognosis.

Complete Guide to Personal Injury Claims in the UK | The Solicitor Directory

What is a Personal Injury Claim?

A personal injury claim is a legal process to obtain compensation when you've been injured due to someone else's negligence or breach of duty. Claims can arise from various situations including road traffic accidents, accidents at work, slips and trips in public places, medical negligence, and defective products.

To succeed in a personal injury claim, you must prove that the other party owed you a duty of care, they breached that duty through negligence or wrongful action, and their breach directly caused your injury. The burden of proof in civil cases is "on the balance of probabilities," meaning it's more likely than not that the defendant was at fault.

Personal injury compensation aims to put you back in the position you would have been in had the accident not happened. This includes compensation for pain, suffering, and loss of amenity (general damages), as well as financial losses like lost earnings, medical expenses, and care costs (special damages). The amount depends on the severity of your injury and its impact on your life.

Time Limits for Personal Injury Claims

Personal injury claims must generally be brought within three years of the date of the accident or the date you became aware that your injury was caused by negligence (the "date of knowledge"). This is known as the limitation period. Missing this deadline usually means losing your right to claim, though courts have discretion to extend it in exceptional circumstances.

For children, the three-year limit doesn't start until their 18th birthday, so they can claim until age 21. If someone lacks mental capacity to manage their own affairs, the limitation period doesn't run while the incapacity continues. Claims involving industrial diseases often have a later date of knowledge, as symptoms may not appear until years after exposure.

Given these strict time limits, it's important to seek legal advice promptly if you've been injured. Even if you're unsure whether you have a valid claim, a solicitor can assess your situation and advise on next steps. Gathering evidence is also easier soon after an accident, when witnesses' memories are fresh and physical evidence is available.

The Claims Process

The claims process typically begins with gathering evidence about your accident and injuries. This includes obtaining medical records, collecting witness statements, preserving photographs or CCTV footage, and documenting your financial losses. Your solicitor will help you gather and organise this evidence.

Your solicitor will then send a "letter of claim" to the defendant or their insurer, setting out the facts of your case and the injuries you've suffered. The defendant has a set time to respond, either admitting or denying liability. Many claims settle through negotiation once liability is established, without the need for court proceedings.

If liability is disputed or you cannot agree on compensation, court proceedings may be necessary. However, even after proceedings are issued, most cases settle before trial. The court process involves exchanging detailed evidence, obtaining expert reports, and potentially mediation. If the case does go to trial, a judge will determine liability and the amount of compensation.

No Win No Fee Agreements

Most personal injury solicitors offer "no win no fee" arrangements, formally known as Conditional Fee Agreements (CFAs). Under a CFA, you don't pay your solicitor's fees if your claim is unsuccessful. If you win, your solicitor charges a success fee, which is a percentage of their standard fees.

The success fee is capped at 25% of your compensation for general damages and past losses, so you'll always receive at least 75% of this portion of your award. Your solicitor will explain how this works before you sign the agreement. You'll also need After The Event (ATE) insurance to cover the defendant's costs if you lose, though the premium is often recoverable from your compensation if you win.

While "no win no fee" makes claims accessible, it's important to understand the terms. Ask your solicitor to explain what percentage success fee they'll charge and whether there are any costs you might have to pay regardless of the outcome. A reputable solicitor will be transparent about costs and answer all your questions.

Types of Compensation

Compensation in personal injury claims is divided into general damages and special damages. General damages compensate for pain, suffering, and loss of amenity, reflecting how the injury has affected your quality of life. The amount is determined by reference to judicial guidelines and previous case awards for similar injuries.

Special damages cover your financial losses, both past and future. Past losses include earnings lost while recovering, medical expenses, travel costs to appointments, and the cost of help you've needed (even if provided free by family). Future losses project these costs forward if your injury has long-term effects, and may include loss of future earnings and ongoing care needs.

For serious injuries, compensation can be substantial. A minor whiplash injury might receive £1,000-£5,000, while serious brain injuries can result in awards of several million pounds. Your solicitor will assess your claim based on medical evidence and calculate the special damages based on your documented losses.

Choosing a Personal Injury Solicitor

When selecting a personal injury solicitor, look for experience in handling claims similar to yours. Some firms specialise in particular types of claim, such as medical negligence or workplace accidents. Specialist knowledge can be valuable for complex cases.

Check that the solicitor is regulated and consider whether they are accredited by relevant bodies. The Law Society's Personal Injury Accreditation and membership of the Association of Personal Injury Lawyers (APIL) indicate expertise in this area. Look at reviews and testimonials from previous clients.

Understand the fee arrangement before instructing a solicitor. Most offer free initial consultations to assess your claim. Ask about their success fee percentage, whether you'll need to pay anything if you lose, and how they handle disbursements (costs like medical reports). A good solicitor will explain everything clearly and keep you informed throughout your case.