Personal Injury Claims.

If you have suffered an injury and are looking to make an accident claim for compensation, understand how a personal injury Solicitor can help you with your injury claim.

Personal Injury Claims

A personal injury claim may arise where a person suffers physical injury, a recognised psychiatric injury or illness because another person or organisation acted negligently or breached a legal duty.

Common claims involve:

• road traffic accidents;
• accidents at work;
• falls in public places;
• defective products;
• occupational illness;
• industrial disease;
• criminal injuries;
• injury caused by animals;
• sporting and leisure accidents; and
• clinical negligence.

An accident or injury does not automatically result in compensation. The claimant must normally prove that somebody else was legally responsible and that the breach of duty caused the injury and loss.

This guide principally covers personal injury claims in England and Wales. Scotland and Northern Ireland have different procedures and limitation rules.

What Must Be Proved?

A successful negligence claim will normally require evidence that:

• the defendant owed the claimant a duty of care;
• the defendant breached that duty;
• the breach caused or materially contributed to the injury; and
• the claimant suffered compensable loss.

A poor outcome, mistake, or accident is not necessarily enough. The evidence must connect the defendant's wrongful conduct to the injury claimed.

Physical and Psychological Injuries

Personal injury can include:

• fractures and soft-tissue injuries;
• head and brain injuries;
• spinal injuries;
• amputation;
• burns and scarring;
• chronic pain;
• hearing loss;
• respiratory illness;
• post-traumatic stress disorder;
• depression or anxiety amounting to a recognised condition; and
• other medically recognised physical or psychiatric injuries.

Ordinary grief, fear, distress, embarrassment or workplace pressure will not always amount to a compensable psychiatric injury.

Psychological claims usually require medical evidence establishing a recognised condition and showing that it was caused or made worse by the relevant event.

Road Traffic Accidents

Road traffic claims may involve:

• drivers;
• passengers;
• motorcyclists;
• cyclists;
• pedestrians;
• uninsured drivers;
• untraced drivers; and
• foreign-registered vehicles.

Following an accident, consider:

• seeking medical attention;
• exchanging names, addresses and insurance details;
• recording vehicle registrations;
• taking photographs;
• obtaining witness details;
• reporting the accident to the police where required;
• informing the insurer promptly; and
• keeping evidence of expenses and lost income.

Do not admit legal liability at the scene. A factual account can be provided without accepting responsibility.

Official Injury Claim

Certain lower-value road traffic injury claims in England and Wales may be made through the Official Injury Claim service.

This commonly applies to occupants of motor vehicles who suffer whiplash or other minor injuries following an accident caused by another driver.

Different procedures may apply where:

• the claimant is a child or protected party;
• the claimant was a pedestrian, cyclist or motorcyclist;
• the defendant was uninsured or untraced;
• the injuries are more serious;
• liability is disputed; or
• the value exceeds the relevant limits.

Accidents at Work

Employers must take reasonable steps to protect employees and others affected by their work.

A workplace claim may involve:

• unsafe equipment;
• inadequate training;
• falls from height;
• slips and trips;
• manual handling;
• exposure to harmful substances;
• lack of personal protective equipment;
• workplace vehicles;
• violence at work;
• excessive noise;
• repetitive work; or
• another unsafe system of work.

An employee should report the incident promptly and ensure that it is entered in the accident book or otherwise recorded in writing.

Evidence may include:

• photographs;
• CCTV;
• witness details;
• risk assessments;
• training records;
• equipment inspection records;
• accident-book entries;
• medical records; and
• communications with the employer.

An employer must not dismiss or subject an employee to unlawful detriment merely because they reported a genuine health and safety concern or pursued a legal right.

RIDDOR Reporting

Some work-related deaths, injuries, occupational diseases and dangerous occurrences must be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.

The legal duty to submit a RIDDOR report normally rests with a responsible person, such as:

• the employer;
• a self-employed person responsible for the work; or
• the person controlling the premises.

The injured employee or member of the public does not normally submit the RIDDOR report personally.

Not every workplace accident is reportable. Whether a report is required depends on the nature of the incident, the injury and its connection with work.

Public Place and Occupiers' Liability Claims

Businesses, councils, landlords and other occupiers may owe duties to people using their premises or land.

Claims may involve:

• defective pavements;
• wet or contaminated floors;
• poor lighting;
• unsafe stairs;
• falling objects;
• defective seating;
• unsecured obstacles;
• poor maintenance; or
• inadequate warnings.

The claimant must normally show that the responsible organisation knew, or should reasonably have known, about the danger and failed to take reasonable precautions.

A council is not automatically liable whenever somebody trips on a pavement. It may defend the claim by showing that it operated a reasonable inspection and maintenance system.

Reporting an Accident in a Public Place

Report the accident to the person or organisation responsible for the premises.

Ask for the incident to be recorded and retain:

• the accident reference;
• the names of staff involved;
• photographs of the defect;
• measurements where safe;
• witness details;
• details of CCTV;
• receipts for damaged property; and
• medical evidence.

Conditions can change quickly, so evidence should be gathered as soon as reasonably possible.

Industrial Disease

Industrial disease claims may develop many years after exposure.

Examples include:

• mesothelioma;
• asbestosis;
• asbestos-related lung cancer;
• pleural thickening;
• occupational asthma;
• silicosis;
• noise-induced hearing loss;
• hand-arm vibration syndrome;
• dermatitis;
• repetitive strain injuries; and
• other work-related diseases.

A claimant may need to identify:

• the employers responsible for the exposure;
• the periods of employment;
• the substances or conditions involved;
• former insurers;
• workplaces and job duties;
• former colleagues; and
• the medical link between exposure and illness.

Special compensation schemes may apply in some asbestos and industrial disease cases where the employer or insurer cannot be located.

Advice should be obtained promptly after diagnosis because special rules and urgent procedures may apply.

Clinical Negligence

Claims arising from medical diagnosis or treatment are normally dealt with as clinical negligence rather than ordinary accident claims.

The claimant must usually prove that:

• the treatment fell below an acceptable professional standard; and
• this caused avoidable injury or materially worsened the outcome.

A poor result or recognised treatment complication does not automatically establish negligence.

A solicitor specialising in clinical negligence should normally be consulted.

Psychiatric Injury and Workplace Stress

A claim for psychiatric injury may arise where an employer or another defendant caused a recognised psychological condition through a breach of duty.

In workplace stress cases, relevant matters may include:

• what the employer knew about the risk;
• whether the harm was reasonably foreseeable;
• whether complaints or medical warnings were given;
• the workload and working arrangements;
• steps taken by the employer;
• reasonable adjustments;
• bullying or harassment; and
• medical evidence about causation.

Ordinary pressure or disagreement at work does not automatically establish a personal injury claim.

The same facts may also raise employment law issues, such as discrimination, harassment, whistleblowing, or constructive dismissal. Those claims can have much shorter tribunal deadlines.

Injuries Caused by Crime

A victim of violent crime may be able to apply to the Criminal Injuries Compensation Authority.

The Criminal Injuries Compensation Scheme can cover qualifying physical or mental injuries caused by violent crime in Great Britain.

The crime must normally be reported to the police, and the applicant is expected to cooperate with the authorities.

CICA Time Limit

An adult application should normally be made as soon as reasonably practicable and within two years of the crime.

Extensions are limited and should not be assumed.

Special rules apply where:

• the applicant was a child;
• the injury resulted from historic abuse;
• exceptional circumstances prevented an earlier application; or
• the injury was not initially apparent.

A criminal conviction is not always required, but the scheme's eligibility and evidence requirements must be satisfied.

Compensation Orders

A criminal court may order an offender to pay compensation in suitable cases.

This is separate from a CICA application or civil claim and may not cover the full value of serious injuries or financial losses.

Seek Medical Attention

Medical treatment should be sought for health reasons, not simply to support a claim.

Medical records may later help establish:

• the nature of the injury;
• when symptoms began;
• treatment received;
• recovery;
• ongoing limitations;
• recommended rehabilitation; and
• whether the injury is consistent with the accident.

Follow reasonable medical advice and attend appointments where possible. A defendant may argue that compensation should be reduced if the claimant unreasonably failed to reduce the effects of the injury.

Evidence to Collect

Useful evidence may include:

• photographs and videos;
• witness contact details;
• police or accident reference numbers;
• insurance details;
• accident-book entries;
• CCTV or dashcam footage;
• medical records;
• letters and emails;
• receipts and invoices;
• payslips and tax records;
• a record of care provided;
• travel expenses;
• damaged property; and
• a diary recording symptoms and recovery.

Evidence should be preserved in its original form. Do not alter photographs, messages or records.

Personal Injury Time Limits

Most personal injury proceedings in England and Wales must be issued within three years of:

• the accident or injury; or
• the claimant's date of knowledge, if later.

The date of knowledge is broadly when the claimant knew, or could reasonably have been expected to know, that they had suffered a significant injury attributable to the defendant's conduct.

Starting an insurance claim, submitting information to a claims portal, making a complaint or contacting a solicitor does not itself amount to issuing court proceedings.

The court has discretion to allow some late claims, but this is uncertain and should not be relied upon.

Children

Where the injured person was under 18, the standard three-year period does not normally begin until their 18th birthday.

They will therefore usually have until their 21st birthday to issue proceedings.

A responsible adult can bring a claim earlier as the child's litigation friend.

Adults Lacking Capacity

Time may be suspended while an adult lacks capacity to conduct the litigation.

The test concerns the capacity to manage the legal proceedings, not simply the existence of a mental health condition or learning disability.

Claims Following Death

Different limitation calculations may apply where the injured person dies.

The estate or qualifying dependants may be able to bring claims, but urgent advice should be obtained.

Other Time Limits

Shorter or different deadlines may apply to:

• CICA applications;
• claims involving aircraft or ships;
• accidents abroad;
• claims against public authorities;
• human rights proceedings;
• employment tribunal claims; and
• claims under particular statutory schemes.

Do not wait until the end of the apparent limitation period before seeking advice.

Complaints and Investigations

A complaint may help obtain:

• an explanation;
• an apology;
• an internal investigation;
• corrective action;
• disciplinary or safety improvements; and
• documents relevant to the incident.

However, complaints procedures do not normally extend the limitation period for a compensation claim.

A claimant should not delay legal advice while waiting for a complaint, police investigation, inquest, regulatory inquiry or disciplinary process to finish.

Contributory Negligence

Compensation may be reduced where the claimant's own actions contributed to the accident or injury.

Examples may include:

• failing to wear a seat belt;
• ignoring a clear warning;
• using equipment improperly;
• entering a prohibited area;
• failing to take reasonable care; or
• driving partly at fault for a collision.

A claimant can still recover compensation where responsibility is shared. Still, an appropriate percentage may be deducted from the award.

The Personal Injury Claims Process

The appropriate procedure depends on the type and value of the claim.

It may involve:

• an online claims portal;
• the Official Injury Claim service;
• a low-value road traffic protocol;
• an employers’ liability or public liability protocol;
• the general Personal Injury Pre-Action Protocol;
• a claim against the Motor Insurers’ Bureau;
• a CICA application; or
• court proceedings.

The solicitor will normally investigate:

• how the accident occurred;
• who may be responsible;
• insurance arrangements;
• medical evidence;
• financial losses;
• rehabilitation needs; and
• the likely value of the claim.

The Letter of Claim

Where the general Personal Injury Pre-Action Protocol applies, the claimant normally sends a formal letter setting out:

• the circumstances of the accident;
• why the defendant is alleged to be responsible;
• the injuries;
• financial losses;
• relevant documents; and
• information needed from the defendant.

The defendant or insurer is then given time to investigate and respond.

Following the protocol does not extend the court limitation period.

Medical Evidence

A personal injury claim normally requires an independent medical report.

The expert may address:

• the diagnosis;
• whether the injury was caused by the accident;
• treatment received;
• current symptoms;
• recovery time;
• future treatment;
• work limitations;
• care needs; and
• long-term prognosis.

More than one expert may be needed for serious or complex injuries.

A claimant should not normally settle before the medical position and future consequences are reasonably clear.

Rehabilitation

Rehabilitation can be considered before the claim is concluded.

It may include:

• physiotherapy;
• psychological treatment;
• occupational therapy;
• case management;
• specialist medical treatment;
• equipment;
• vocational rehabilitation; and
• support returning to work.

In suitable cases, the defendant's insurer may agree to fund rehabilitation without waiting for final settlement.

Compensation

Compensation is intended, so far as money can, to place the claimant in the position they would have been in had the injury not occurred.

It is not normally intended to punish the defendant.

General Damages

General damages may compensate for:

• pain and suffering;
• loss of amenity;
• physical disability;
• psychiatric injury;
• scarring; and
• reduced quality of life.

Financial Losses and Expenses

A claim may also include reasonable past and future losses such as:

• loss of earnings;
• loss of pension;
• medical treatment;
• rehabilitation;
• care and assistance;
• travel expenses;
• damaged belongings;
• equipment;
• adapted accommodation;
• home or vehicle adaptations;
• professional care;
• case management; and
• other costs caused by the injury.

The claimant should keep receipts and evidence of all losses.

Care Provided by Family and Friends

A claim may include the reasonable value of necessary care provided without charge by relatives or friends.

This might include help with:

• washing and dressing;
• cooking;
• cleaning;
• shopping;
• transport;
• childcare;
• medication;
• mobility; and
• appointments.

Keep a record of the type of help, the time involved and how long it was required.

Duty to Reduce Loss

A claimant must take reasonable steps to prevent avoidable loss from increasing.

This may involve:

• following reasonable medical advice;
• attending rehabilitation;
• returning to suitable work when reasonably able;
• seeking appropriate alternative employment; and
• avoiding unnecessary expenditure.

The claimant is not required to undergo unreasonable treatment or take inappropriate risks.

Interim Payments

An interim payment may be available before final settlement where liability has been admitted or the relevant legal test is otherwise satisfied.

It may assist with:

• immediate loss of earnings;
• rehabilitation;
• care;
• equipment;
• accommodation; or
• other urgent needs.

Settlement and Court Proceedings

Many personal injury claims settle without a contested trial.

A settlement may be reached:

• through a claims portal;
• after medical evidence is obtained;
• following an admission of liability;
• through negotiation;
• at mediation;
• after proceedings are issued; or
• shortly before trial.

Court proceedings may be necessary where:

• liability is denied;
• causation is disputed;
• the value cannot be agreed;
• the limitation deadline is approaching;
• the defendant fails to respond; or
• an interim payment or another order is required.

Claims for Children and Protected Parties

A child or adult who lacks capacity to conduct proceedings will normally require a litigation friend.

The litigation friend must act in the injured person's best interests.

Any settlement must normally be approved by the court, even where the parties agree on the amount.

Compensation may be held or managed through:

• the Court Funds Office;
• a personal injury trust;
• the Court of Protection;
• a deputy; or
• another approved arrangement.

Claims Following Death

Where an injury causes death, the deceased's estate or qualifying dependants may be able to claim for:

• pain and suffering before death;
• financial losses before death;
• funeral expenses;
• loss of financial dependency;
• loss of services;
• a statutory bereavement award where applicable; and
• other qualifying losses.

The person entitled to bring the claim may be the personal representative or qualifying dependants.

Funding a Personal Injury Claim

Possible funding options include:

• a conditional fee agreement;
• legal expenses insurance;
• trade union funding;
• private payment;
• legal aid in very limited cases; or
• another agreed funding arrangement.

No Win, No Fee Agreements

A conditional fee agreement is often described as "no win, no fee".

The client should understand:

• what counts as winning the claim;
• the success fee;
• what may be deducted from compensation;
• responsibility for expert and court fees;
• whether insurance is required;
• what happens if an offer is rejected;
• what happens if the claim is discontinued;
• the consequences of failing to cooperate; and
• any costs that remain payable if the claim fails.

The success fee is not normally recoverable from the defendant and may be deducted from compensation, subject to legal limits.

Legal Expenses Insurance

Legal expenses cover may be included with:

• home insurance;
• motor insurance;
• travel insurance;
• bank accounts;
• credit cards;
• professional membership; or
• trade union membership.

Policies should be checked promptly because notification requirements and limits may apply.

After-the-Event Insurance

After-the-event insurance may protect against specified expenses or adverse costs if the claim is unsuccessful.

The policy terms, exclusions, premium and effect on compensation should be explained before it is taken out.

Legal Costs

Costs depend on the type, value and complexity of the claim.

In some successful claims, the defendant pays part of the claimant's legal costs. This does not necessarily cover every amount owed under the funding agreement.

Lower-value claims may be subject to fixed recoverable costs or small claims rules, under which legal costs are limited or generally not recoverable.

The solicitor should provide clear information about:

• legal fees;
• success fees;
• insurance premiums;
• medical report fees;
• court fees;
• possible deductions from compensation;
• adverse costs risk; and
• what happens if the claim is unsuccessful.

Choosing a Personal Injury Solicitor

Before instructing a solicitor, consider asking:

• Have you handled similar injuries?
• Who will conduct the case?
• How will the claim be funded?
• What could be deducted from compensation?
• Will insurance be required?
• Who pays for medical reports?
• What happens if expert evidence is not supportive?
• What costs could arise if the claim fails?
• How will rehabilitation be considered?
• What is the limitation deadline?
• How often will updates be provided?

It may be sensible to compare more than one firm, particularly for a serious or complex injury.

How a Personal Injury Solicitor Can Help

A personal injury solicitor may assist with:

• assessing legal responsibility;
• checking limitation;
• identifying defendants and insurers;
• preserving evidence;
• obtaining medical records;
• instructing independent experts;
• using the appropriate claims portal or protocol;
• arranging rehabilitation;
• obtaining interim payments;
• calculating compensation;
• negotiating settlement;
• issuing court proceedings;
• claims involving children or protected parties;
• fatal accident claims;
• industrial disease claims;
• CICA applications; and
• claims involving uninsured or untraced drivers.

Finding a Personal Injury Solicitor

A claimant must normally prove both legal fault and that the fault caused compensable injury. Evidence should be preserved and advice obtained promptly because strict time limits apply.

Use the search facility at the top of this page to find a personal injury solicitor who can assess the accident, explain the funding options and advise on the appropriate claims procedure.

This guide provides general information about personal injury claims in England and Wales. It does not constitute legal, medical or financial advice and should not replace advice about an individual injury or accident.