Personal injury claims

The time it takes to resolve a personal injury claim depends on the complexity of your case.

Factors that affect your timeline include:

• How serious your injuries are
• Whether responsibility is admitted
• How quickly medical evidence can be obtained
• Whether your long-term prognosis is clear
• Whether the parties can agree on a settlement 

Typically, cases involving serious injuries, disputed liability, or multiple parties can take a number of years.

Whatever the timescale, we’ll make sure you’re never left wondering where things stand. Our team will keep you updated throughout, and work to secure interim payments where possible so you can access the support you need while your claim is ongoing.

The majority of personal injury claims are settled before they ever reach a courtroom. Most cases are resolved through negotiation between your solicitor and the other side’s representatives.

However, if a fair settlement can’t be reached, we’ll prepare your case for court and represent you every step of the way. Our team will always be clear with you about the likelihood of court proceedings and what to expect if that becomes necessary.

It can, depending on the type of benefits you receive and how your compensation is paid. For example, a lump sum payment could affect means-tested benefits such as Universal Credit.

However, there are ways to protect your entitlement, such as placing compensation into a personal injury trust. This is something our team can help you think through as part of your claim, so you don’t end up in a worse position financially. We’d always recommend seeking specialist advice on this before any settlement is agreed.

If you were entirely at fault for your own injury, it’s unlikely you’d have grounds for a personal injury claim. However, many situations aren’t straightforward.

In some cases, responsibility is shared between more than one party, and you may still be entitled to compensation even if you were partly to blame. This is known as contributory negligence, and it means your compensation may be reduced to reflect your share of responsibility rather than being ruled out altogether.

If you’re unsure whether fault affects your situation, speak to our personal injuries solicitors, and we’ll help you understand where you stand.

These are some of the key terms you might come across if you bring a compensation claim:

Claimant: This is the person making a claim due to being injured and seeking compensation.

Defendant: This is the person, company, or organisation you hold responsible for your injury.

Duty of care: This is the legal responsibility a person, company, or organisation has to take reasonable steps so that you and others are safe, whether you’re an employee, customer, or visitor.

Negligence: This is when someone doesn’t fulfil their legal duty of care to a person, and that leads to an injury.

Damages: This is the personal injury compensation you can claim for the harm you’ve suffered.

If you are unsure about any part of the process or want to know more, our team is here to help you every step of the way. We handle everything from start to finish so you can focus on your recovery.

There are five steps you’ll take on your compensation journey:

1. Initial consultation: You will discuss the incident with your solicitor and tell them what happened to you. They will let you know your chances of making a successful claim.

2. Evidence gathering: To strengthen your claim, your solicitor will speak to eyewitnesses, medical consultants to confirm the extent of your injuries, and experts to prove your side of the story (for example, health and safety consultants in workplace accident claims).

3. Establishing liability: With a solid body of evidence at their disposal, they are now ready to present your case for compensation. The next step is to contact the defence to set out the details of your claim.

4. Settlement negotiations: Your solicitor will speak with the other side’s representatives to agree on a fair and just level of compensation.

5. Court proceedings: Sometimes, it’s impossible to reach an agreement. In these cases, the solicitor will prepare to commence proceedings to take the case to court for you.

Compensation for a personal injury can range from thousands to over a million pounds.

The compensation for a personal injury is split into two parts: general damages and special damages.

General damages cover the pain, suffering, and changes to your quality of life caused by your injury. The amount you receive is based on Judicial College Guidelines, which recommend different levels of compensation depending on the severity of an injury and the impact it has on a person’s life. So, someone with a minor injury like whiplash will receive less compensation than someone with a serious injury who may need an amputation.

Special damages deal with the financial costs related to your injury. This can include medical bills, physiotherapy, travel expenses, loss of earnings, aid and equipment, prescription charges, if you have had to rely on others to assist you following the accident you can claim for the costs of their gratuitous care they have provided to you during your recover period. It is possible to claim for future losses such as loss of earnings, loss of pension, future medical treatment, future support, future aids and equipment needs If as a direct result of the accident you have suffered a loss and will incur a future expense this is generally claimable subject to support medical evidence.

You don’t need to have everything figured out before reaching out to us. Many clients come to us unsure about what’s happened, whether they have grounds for a claim, or how the process works – and that’s completely normal. Our initial conversation is focused on hearing your story. We’ll take the time to understand your situation, respond to your questions with honesty, and help you see clearly whether you might have a case. There’s no pressure and no fee for getting in touch.

Your health should come first. Seek appropriate medical treatment and, where possible, keep a clear record of what happened and how the injury has affected you.

Depending on the circumstances, it can be helpful to:

• Report the incident to the relevant person, employer, business, or authority
• Seek medical attention and keep details of your treatment
• Take photographs or videos of the accident scene, hazard, and injuries if safe to do so
• Record witness details where possible
• Keep correspondence with insurers, employers, or other parties
• Keep evidence of financial losses, such as payslips, receipts, and travel expenses
• Seek legal advice early if you are unsure about liability or the time limit

You don’t need to gather every piece of evidence before contacting personal injuries solicitors. We can help identify what is needed and obtain relevant records on your behalf.

The evidence needed to support your personal injury claim depends on how your injury happened. Generally, you’ll need evidence of:

• What happened
• Who was responsible
• The injury you suffered
• How the injury has affected you
• Any financial losses caused by your injury

Evidence may include:

• Medical records and reports
• Photographs or videos
• CCTV footage
• Accident or incident reports
• Witness statements
• Police or emergency-service records
• Employment records
• Payslips and proof of lost earnings
• Receipts for medical, travel, or care costs
• Expert evidence
• An independent medical assessment

For many personal injury claims in England and Wales, court proceedings must generally be started within three years of the accident or the date you became aware that your injury was linked to someone else’s negligence.

There are important exceptions:

• Claims involving children: If the injured person was under 18 when the incident happened, the usual three-year limitation period generally doesn’t begin until their 18th birthday. A parent or guardian may be able to make a claim on the child’s behalf before then.
• Mental capacity: Different rules can apply if an injured person lacks the mental capacity to conduct legal proceedings.
• Accidents abroad and other specialist claims: Different time limits may apply to international accidents and certain specialist claims, so early advice is essential.

There is no standard payout for personal injury claims. The amount depends on the individual circumstances of your case and the effect the injury has had on your life.

Compensation is generally considered in two parts.

General damages compensate for:

• Pain and suffering
• The severity of the injury
• Loss of amenity
• Effects on everyday life
• Long-term symptoms or disability

Special damages cover the financial losses associated with your injury, such as:

• Loss of earnings
• Future loss of earnings
• Medical expenses
• Physiotherapy and rehabilitation
• Care and assistance
• Travel costs
• Aids and equipment
• Home or vehicle adaptations
• Future treatment and support

The value of every claim is different and based on Judicial College Guidelines, which recommend different levels of compensation depending on the severity of an injury and the impact it has on a person’s life. 

You don’t need to have everything figured out before reaching out to us. Many clients come to us unsure about what’s happened, whether they have grounds for a claim, or how the process works – and that’s completely normal. 

Our initial conversation is focused on hearing your story. We’ll take the time to understand your situation, respond to your questions with honesty, and help you see clearly whether you might have a case. There’s no pressure and no fee for getting in touch.

Personal injury compensation can help address some of these consequences through funding:

• Lost earnings
• Medical treatment
• Rehabilitation
• Care and support
• Travel expenses
• Equipment or adaptations
• Future financial losses

The purpose is not simply to put a value on an injury, but to provide practical support for your recovery and future needs.

Personal injuries can affect every part of your life, from your ability to work to your mobility, your independence, and your long-term wellbeing. You may need time away from work, treatment that is not available immediately through the NHS, or additional help at home.

Our specialist team understands the specific challenges that come with your injury type, and we work with trusted experts to build a compensation package that reflects your unique circumstances.

Many personal injury claims can be funded through a No Win No Fee agreement, also known as a Conditional Fee Agreement. 

In simple terms:

• There is normally no upfront solicitor’s fee to start the claim
• If the claim is unsuccessful and you have complied with the agreement, you will not normally pay for your solicitor’s fees
• If the claim succeeds, a success fee and any other agreed uncovered costs may be deducted from your compensation
• The exact terms should be explained clearly before you sign the agreement

Other funding options may sometimes be available, such as legal expenses insurance through a home or motor insurance policy, or trade-union membership. We can help if you’re specifically looking for No Win No Fee personal injury lawyers.

For some lower-value road traffic accident claims, you can make a claim yourself through the Official Injury Claim Portal without instructing a solicitor. This is part of the personal injury claims new rules established in 2021.

The portal is designed for people aged 18 or over who were inside a vehicle, whose accident happened in England or Wales on or after 31st May 2021, and whose injury is considered minor and valued below £5,000. The total claim, including certain losses, must generally remain within the portal limits.

You can still choose to instruct a personal injury solicitor to handle the claim for you. If the claim falls outside the portal criteria, involves more serious injury, disputed liability, or a higher value, specialist legal advice may be more appropriate.