General information only — not legal advice. Every situation is different; a solicitor can advise on yours.
If you’ve been injured because of someone else’s negligence, you may be entitled to compensation. Personal injury is one of the most common areas of law in England and Wales, and claims are made every day — by people injured in road accidents, at work, in shops, and in dozens of other situations.
This guide explains how the process works, the critical time limits, and whether you need a solicitor.
What counts as a personal injury claim?
A personal injury claim arises when someone is injured because of another person’s or organisation’s negligence — that is, their failure to take reasonable care. Common examples include:
- Road traffic accidents — as a driver, passenger, cyclist, or pedestrian
- Workplace accidents — slips, falls, machinery injuries, manual handling injuries
- Slips and trips — in shops, public spaces, or on poorly maintained paths
- Clinical negligence — substandard medical or dental treatment
- Defective products — goods that cause injury because they were unsafe
- Criminal injuries — violence by another person (a separate scheme applies)
What these situations share is that someone else bears responsibility for your injury. You don’t need to have done nothing wrong yourself — even if you were partly at fault, you may still be able to claim, though your compensation may be reduced proportionally.
The time limit — act before it expires
The standard time limit for a personal injury claim in England and Wales is three years. This runs from:
- The date of the accident, OR
- The date of knowledge — the date you first knew (or should reasonably have known) that your injury was significant and caused by the other party’s fault
This second option matters for conditions that develop gradually, such as industrial diseases or injuries where symptoms emerged long after the event.
Special rules apply in some cases:
- Children: the three-year clock starts on their 18th birthday, so they have until age 21
- Mental incapacity: the limit doesn’t run while someone lacks mental capacity
- Clinical negligence: three years from the date of knowledge
- Criminal injuries (CICA claims): two years from the date of the incident
Missing the time limit almost always ends your claim permanently. If you’re unsure whether yours is still within time, take advice immediately.
What compensation can you claim?
Personal injury compensation has two components:
General damages cover the non-financial impact of your injury: pain and suffering, loss of enjoyment of life, and any permanent disability. These are assessed against published guidelines and recent court decisions.
Special damages cover your actual financial losses:
- Lost earnings (past and future)
- Medical expenses, including private treatment
- Travel costs to appointments
- Care and assistance you’ve needed
- Adaptations to your home
- Future losses if your earning capacity has been permanently reduced
For more serious injuries, future losses can form the largest part of the claim.
No win no fee — how it works
Most personal injury solicitors in England and Wales take cases on a Conditional Fee Agreement (CFA), commonly known as no win no fee. Under this arrangement:
- You pay nothing if your claim is unsuccessful
- If you win, your solicitor charges a success fee — typically up to 25% of your compensation for pain and suffering (the element capped by law)
- The other side usually pays the bulk of your solicitor’s costs
- You will typically also need to take out insurance (After the Event insurance) to cover the other side’s costs if you lose — this is usually arranged by your solicitor
The key word here is usually. Always read the CFA carefully before signing. Understand what you’ll pay if you win, what happens if you lose, and what the insurance covers.
The claims process, step by step
1. Get medical attention. Your medical records are your evidence. See a doctor promptly even if your injuries seem minor — delayed-onset symptoms are common, particularly after road accidents.
2. Report the accident. To your employer (accident book), to the police if it was a road accident, or to the relevant authority if it happened in a public place. Getting an official record made at the time is important.
3. Gather evidence. Photograph the scene, get the names and contact details of witnesses, and keep everything — receipts, notes, correspondence.
4. Instruct a solicitor (or use the portal for minor RTA claims). For most claims, a personal injury solicitor is the right first step. They will assess your prospects, send a letter of claim to the responsible party, and manage the process.
5. Investigation period. The other party (or their insurer) investigates the claim. They have set periods to admit or deny liability depending on the type of claim.
6. Medical assessment. An independent medical expert assesses your injuries. Their report is central to valuing your claim.
7. Settlement or court proceedings. The vast majority of claims settle without going to court. Where they don’t, proceedings are issued — though most settle before trial.
The Official Injury Claim portal — for minor RTA soft tissue injuries
For road traffic accident injuries valued under £5,000 (roughly speaking, minor whiplash and soft tissue injuries), there is a separate online portal at officialinjuryclaim.org.uk. You can use this without a solicitor, and it provides a tariff of fixed compensation amounts.
If your injuries are more serious, or if liability is disputed, you should use a solicitor rather than the portal.
Do you need a solicitor?
For most personal injury claims, yes. Here’s why:
- Insurers deal with claims every day and know how to minimise payouts. An experienced solicitor levels the playing field.
- Accurate valuation of a claim — particularly future losses — requires specialist knowledge.
- Liability is disputed in more cases than you might expect. A solicitor knows how to gather and present evidence to establish fault.
- Accepting an early offer from an insurer can seem tempting, but it often undervalues the claim significantly.
For minor soft tissue RTA injuries through the official portal, self-representation is a reasonable option. For anything else — including any injury with lasting effects, any dispute about liability, or any workplace or clinical negligence claim — professional advice is strongly recommended.
Frequently asked questions
Will I have to go to court?
Unlikely. The vast majority of personal injury claims settle before reaching a courtroom. Your solicitor will keep you informed if court proceedings become necessary.
How long does a personal injury claim take?
Minor, uncontested claims can settle in three to six months. More complex cases, particularly where liability is disputed or injuries are serious, can take one to three years.
What if the person who injured me has no money or isn’t insured?
For road traffic accidents involving uninsured or untraced drivers, the Motor Insurers’ Bureau can compensate you. For other cases, the position is more complex — take advice.
Can I claim if the accident was partly my fault?
Yes. Compensation may be reduced by the proportion of your fault (known as contributory negligence), but a partial fault doesn’t bar your claim entirely.
What if I’m a pedestrian or cyclist hit by a car?
The same three-year time limit applies, and the same claims process. Road traffic accident claims are one of the most common types of personal injury claim.
If you’ve been injured and want to understand whether you have a claim worth pursuing, use Super Solicitor to get matched with an SRA-regulated personal injury solicitor — many work on a no win no fee basis. Free to search, no obligation.