If you have been injured in an accident that was not your fault, you may be entitled to compensation. Whether it was a road traffic accident, a fall in a shop, or an injury at work, a personal injury claim can help you recover the cost of what you have lost, from earnings to care and treatment. This guide explains how personal injury claims work in England and Wales, who can claim, what compensation covers and how to start.
This article is general information, not legal advice. Every case is different, so please speak to a solicitor about your own circumstances.
What is a personal injury claim?
A personal injury claim is a legal claim for compensation against the person or organisation responsible for your injury, usually paid by their insurer. To succeed, you generally need to show three things: that someone owed you a duty of care, that they breached it through negligence, and that the breach caused your injury and losses.
Unlike a claim to the Criminal Injuries Compensation Authority, where you apply to a government scheme, a personal injury claim is made against a specific defendant, such as a driver, employer or business. If you were injured by a violent crime rather than an accident, our guide to CICA claims explains that route, and in some cases both options are worth considering.
Common types of personal injury claim
Most claims our personal injury solicitors handle fall into a few broad categories:
- Road traffic accidents. Claims by drivers, passengers, motorcyclists, cyclists and pedestrians injured on the roads.
- Accidents at work. Employers have a legal duty to keep their staff reasonably safe, from providing proper equipment and training to maintaining safe premises. You cannot be lawfully dismissed for making an honest claim against your employer.
- Slips, trips and falls in public places. Shops, supermarkets, pavements and car parks all come with duties owed by the occupier or the local authority.
- Accidents caused by defective products or premises. Injuries caused by faulty goods or poorly maintained buildings.
If your situation does not fit neatly into one of these boxes, that does not mean you have no claim. It simply means the right starting point is a conversation with a solicitor.
How personal injury claims work: the process step by step
Wherever you are in England and Wales, a personal injury claim typically looks like this:
- Get medical attention. Your health comes first, and medical records also become key evidence in your claim.
- Gather evidence early. Photographs of the scene, contact details for witnesses, and reports made to an employer, shop or the police all strengthen a claim.
- Speak to a solicitor. They will assess whether you have a claim, explain funding options and notify the other side. Most of this can be done by phone, email and video call, so you do not need a solicitor on your doorstep.
- The other side responds. The defendant or their insurer investigates and either admits or denies responsibility.
- Valuing the claim. Medical experts assess your injuries and prognosis, and your solicitor calculates your financial losses.
- Settlement or court. Most claims settle by negotiation without a hearing. If the other side will not offer a fair amount, your solicitor can issue court proceedings on your behalf.
Most people never see the inside of a courtroom. The great majority of personal injury claims are resolved through negotiation between solicitors and insurers.
How much compensation could you receive?
Compensation in a personal injury claim is made up of two parts:
- General damages compensate you for the pain, suffering and loss of amenity caused by the injury itself. The amount depends on the type and severity of the injury and how long it affects you.
- Special damages compensate you for financial losses, such as lost earnings, treatment and rehabilitation costs, travel expenses, care provided by family members and damaged belongings.
Because every injury and every life is different, no two claims are worth the same, and you should be wary of online calculators promising an instant figure. An experienced personal injury claims solicitor will value your claim properly using medical evidence and documented losses.
Time limits for personal injury claims
You generally have three years from the date of the accident, or from the date you first realised your injury was linked to it, to start court proceedings. Different rules apply to children, who usually have three years from their eighteenth birthday, and to people who lack mental capacity.
Three years can sound like a long time, but evidence fades quickly: witnesses move away, CCTV is deleted and memories blur. The earlier you start, the stronger your claim tends to be, so do not wait until the deadline is close.
How are legal fees handled?
There are several ways to fund a personal injury claim, and the right one depends on your circumstances. Some people have legal expenses cover through a home or motor insurance policy, sometimes without realising it, while others fund a claim privately or through membership of a trade union. Whichever route applies to you, we will explain our fees and any likely costs clearly at the outset, before you commit to anything. If you are unsure how a claim might be funded, contact us and we will talk you through the options.
FAQ
Do I have a claim if the accident was partly my fault? Possibly. If you were partly to blame, your compensation may be reduced to reflect your share of responsibility, but a partial fault does not automatically prevent a claim.
How long does a personal injury claim take? It varies. Straightforward claims where responsibility is admitted can settle in months, while serious injuries or disputed cases can take considerably longer, partly because it is unwise to settle before your medical prognosis is clear.
Will I have to go to court? Almost certainly not. The vast majority of claims settle by negotiation. Court proceedings are a last resort, and even claims that are issued at court usually settle before a hearing.
Do I need a solicitor near me? No. Personal injury claims are handled the same way across England and Wales, and most of the process happens by phone, email and video call. What matters is choosing a solicitor with the right experience, not the right postcode.
Can I claim if I was injured at work? Yes. Employers are required to carry insurance for exactly this situation, and the claim is dealt with by their insurer rather than paid by the business directly. It is unlawful for an employer to dismiss or mistreat you for bringing an honest claim.
What if I was injured by a criminal attack rather than an accident? You may be able to claim through the government’s Criminal Injuries Compensation Scheme instead of, or alongside, a civil claim. Our guide to CICA claims explains how that works.
Getting help with your personal injury claim
An injury can turn everyday life upside down, from lost income to relying on family for help with basic tasks. Abbey Court Solicitors helps injured people across England and Wales build strong claims, deal with insurers and recover the compensation they are entitled to, with the personal service of a local firm and the reach to act for clients nationwide. If you would like to talk it through, contact our personal injury team for a confidential conversation about your options.