Personal Injury Claims in England & Wales: The Complete Guide

At a glance

• Time limit: Three years from the date of injury or from the date of knowledge — Limitation Act 1980, s.11. Miss this and the claim is almost certainly barred.
• Children: The three-year clock does not begin until the child turns 18 (s.28).
• Adults lacking capacity: Time does not run while the incapacity continues (s.28).
• Court discretion: A court can extend the deadline in rare cases under s.33, but this is a last resort — never plan for it.
• What you can recover: General damages (pain, suffering, loss of amenity) assessed using the Judicial College Guidelines (18th edition, April 2026), plus special damages for proven financial loss.
• Funding: Most personal injury claims are funded by conditional fee agreements (no win, no fee); the success fee is capped at 25% of certain heads of damages.
• RTA whiplash claims under £5,000: Must go through the Official Injury Claim (OIC) portal, a free government service introduced May 2021.
• Partly to blame: Your claim is not defeated — your damages are reduced proportionately under the Law Reform (Contributory Negligence) Act 1945, s.1.

What is a personal injury claim?

A personal injury claim is a civil action brought against the person, business, or organisation whose negligence or breach of duty caused you to suffer harm. The goal is financial compensation — not punishment — and the legal objective is to put you back, as far as money can, in the position you would have been in had the accident never happened.

To succeed, you must establish three things:

1. Duty of care — the defendant owed you a legal duty to take reasonable care.
2. Breach — they fell below the standard expected of a reasonable person (or a reasonable professional, in clinical negligence).
3. Causation — that breach caused your injury and the losses that flow from it.

These elements apply whether your claim is a road traffic accident, a workplace injury, a slip in a supermarket, or a botched medical procedure. The rules of evidence, the pre-action protocol that applies, and the court track on which the case is heard will differ by claim type — but the underlying legal test is the same.

This guide covers England and Wales. The law in Scotland and Northern Ireland differs.

This information is general guidance and is not legal advice about your specific situation.

Types of personal injury claim

Road traffic accidents

Road traffic accidents are the most commonly litigated category of personal injury claim. Drivers, passengers, cyclists, motorcyclists, and pedestrians can all be claimants. Every driver using a road in England and Wales must be insured against liability to third parties, so there is almost always an insurer behind a defendant driver.

The OIC portal and the small claims limit for whiplash. From 31 May 2021, the government reformed how low-value RTA personal injury claims are handled. The small claims track limit for RTA-related personal injury claims was raised from £1,000 to £5,000. If your injuries from a road traffic accident are worth £5,000 or less in general damages (and your total accident-related losses are £10,000 or less), your claim must go through the Official Injury Claim portal rather than the standard pre-action protocol route. The OIC portal is free to use and designed so claimants can navigate it without a lawyer — though you may still choose to use one. Crucially, no whiplash claim can be settled without supporting medical evidence, regardless of whether you use the portal.

For RTA claims that are above the OIC threshold, the standard Pre-Action Protocol for Personal Injury Claims applies.

Accidents at work

Employers owe a duty to take reasonable care of the health, safety, and welfare of their employees under the Health and Safety at Work etc. Act 1974. They are also required by law to carry employers' liability insurance under the Employers' Liability (Compulsory Insurance) Act 1969 — a minimum cover of £5 million per claim. This insurance exists precisely so that injured workers can claim compensation without the business being personally destroyed by the payout.

Workplace claims commonly arise from:

• Manual handling injuries (strains, fractures, back injuries)
• Slips, trips, and falls on wet or poorly maintained surfaces
• Falls from height where proper precautions were not taken
• Machinery or equipment failures
• Injuries caused by inadequate training

Accidents at work should be recorded in the employer's accident book. Certain workplace accidents must also be reported to the Health and Safety Executive under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013). A RIDDOR report creates a contemporaneous official record that is hard to dispute.

Slips, trips, and falls in public places (public liability)

Occupiers — those who control premises — owe a duty of care to visitors under the Occupiers' Liability Act 1957. That duty requires them to take reasonable steps to ensure visitors are reasonably safe in using the premises for the purposes for which they are invited. Where someone is on land without permission, a lesser but still enforceable duty is owed under the Occupiers' Liability Act 1984.

Common public liability claims include:

• Falls on wet or uneven floors in shops, restaurants, or leisure facilities
• Trips on broken or uneven public pavements (where the local highway authority is liable)
• Injuries in car parks, public buildings, or rented accommodation caused by defective maintenance

Evidence is especially important in public liability claims: photographs of the hazard, the date the photograph was taken, any accident report made at the scene, and witness details should all be secured as soon as possible.

Clinical negligence

Clinical negligence (sometimes called medical negligence) arises when a healthcare professional or organisation falls below the standard expected of a reasonably competent practitioner in their field and that failure causes harm to a patient.

Claims can arise from surgical errors, delayed or wrong diagnoses, medication errors, failures in aftercare, and many other contexts. The standard of care is assessed against what a responsible body of medical opinion would have done in the same circumstances — a test rooted in the case of Bolam v Friern Hospital Management Committee [1957].

Clinical negligence claims are generally more complex and more costly than other personal injury claims. They require independent expert evidence on both breach and causation, and they follow a separate Pre-Action Protocol for the Resolution of Clinical Disputes, which requires early exchange of medical records and a genuine attempt to resolve the dispute before proceedings are issued.

NHS trusts in England are covered by the Clinical Negligence Scheme for Trusts, administered by NHS Resolution. Private healthcare providers arrange their own indemnity. For clinical negligence, the three-year limitation period typically runs from the date of the negligent treatment, or from the date of knowledge — which in many cases is the date the patient first knew or could reasonably have known that their injury was connected to a healthcare professional's failure. In complex cases these can be years apart.

Industrial disease claims

Industrial diseases are conditions caused or worsened by a person's working environment over time, rather than in a single accident. Common examples include:

• Mesothelioma and asbestosis — cancers and lung scarring caused by exposure to asbestos fibres, often with a latency period of many decades
• Noise-induced hearing loss (NIHL) — progressive hearing damage from workplace noise exposure
• Hand-arm vibration syndrome (HAVS) and vibration white finger (VWF) — damage to blood vessels, nerves, and joints from prolonged use of vibrating tools
• Occupational asthma and respiratory disease — from dust, fumes, or chemical exposure
• Work-related upper limb disorders — repetitive strain injuries

Industrial disease claims follow the Pre-Action Protocol for Disease and Illness Claims. The limitation rules are the same three-year period from the Limitation Act 1980, but the date of knowledge is often the critical question — in a disease like mesothelioma where symptoms may not appear for 20 to 40 years, the limitation clock runs from the date you first knew (or could reasonably have known) your condition was linked to your work, not from the date the disease began developing.

The three-year limitation period — do not miss it

The most important rule in personal injury law is the limitation period. Under section 11 of the Limitation Act 1980, personal injury actions must be brought within three years of:

• The date of the accident or event that caused the injury, or
• The date of knowledge — the date on which you first knew (or could reasonably have known) that you had suffered a significant injury, that it was attributable to the act or omission of the defendant, and the identity of the defendant.

Whichever of these two dates is later applies. This matters in latent disease cases and in some accident cases where the connection between the incident and the injury only becomes clear later.

Special rules for children and people lacking mental capacity

Under section 28 of the Limitation Act 1980, the three-year clock does not run while the claimant is under a disability. A person is under a disability if they are a minor (under 18) or if they lack capacity to conduct legal proceedings within the meaning of the Mental Capacity Act 2005.

For a child injured in an accident, the three years does not begin until their eighteenth birthday — meaning a claim can be brought up to their twenty-first birthday. A litigation friend can bring a claim on behalf of a child before they turn 18. For an adult who lacks capacity, the limitation period is suspended for the duration of the incapacity.

The court's discretion to extend time — section 33

Section 33 of the Limitation Act 1980 gives the court a discretion to allow a claim to proceed even where the three-year limit has expired, if it is equitable to do so. The court weighs a range of factors, including the length of the delay, the reason for it, the effect of the delay on the evidence, and the conduct of both parties.

Section 33 is not a safety net. Courts exercise this discretion sparingly. Never build a claim strategy around it. If you are approaching the three-year deadline, instruct a solicitor immediately.

What compensation can you recover?

Personal injury compensation is divided into two categories.

General damages

General damages compensate for the pain, suffering, and loss of amenity caused by the injury itself. "Loss of amenity" means the impact on your enjoyment of life — your ability to work, play sport, care for your family, pursue hobbies, or live without chronic pain.

Judges assess general damages using the Judicial College Guidelines as a starting point. The guidelines are published by the Judicial College and draw together a large body of case law into bracketed ranges for different injury categories. The current edition is the 18th edition, published in April 2026, with figures uplifted by approximately 8.26% from the 17th edition to reflect increases in the Retail Prices Index. The top brackets for the most serious catastrophic injuries in the 18th edition exceed £500,000.

The guidelines are a starting point, not a fixed tariff. The actual award turns on the evidence about how the specific injury affected the specific claimant — severity, recovery time, permanent or long-term consequences, and the claimant's age and lifestyle before the accident all matter. Figures from the guidelines should not be quoted to claimants as if they were guaranteed; they indicate a range.

This guide does not reproduce specific figures from the Judicial College Guidelines because they are updated periodically and the correct edition must be applied to each claim. A solicitor will identify the correct bracket for your injury and explain where within that bracket your case is likely to sit.

Special damages

Special damages compensate for quantifiable financial losses caused by the accident. Unlike general damages, special damages depend entirely on what you can prove. Heads of special damages commonly claimed include:

• Lost earnings — past loss of earnings from time off work, and future loss of earnings or earning capacity if the injury has a lasting effect on your working life
• Medical treatment and therapy costs — private treatment, physiotherapy, prescriptions, counselling
• Travel to medical appointments — mileage, public transport, or the cost of taxis if you cannot drive
• Care provided by family or friends — valued at a notional commercial rate even if provided without charge
• Property damage — damage to your vehicle, clothing, or other items in an RTA
• Adaptations to home or vehicle — ramps, grab rails, specialist equipment needed as a result of the injury
• Future care costs — if the injury requires ongoing or long-term care provision

Keep all receipts, invoices, and records. A schedule of special damages is prepared by your solicitor and presented to the defendant (and, if necessary, to the court) with supporting evidence.

How the claims process works

Step 1 — Get medical attention and keep records

Your health comes first. Seek medical attention as soon as possible after the incident, whether at A&E, your GP, or an urgent care centre. Medical records document your injuries and treatment and form the backbone of any claim. Delays in seeking treatment can be used by defendants to question how serious the injuries were.

Keep copies of prescriptions, referral letters, sick notes, appointment cards, and any private treatment invoices. If you have existing conditions that were aggravated by the accident, make sure your GP notes that.

Step 2 — Gather evidence while it is fresh

Scenes change, memories fade, and witnesses move on. As soon as you are able:

• Photograph the location, any hazards, and visible injuries
• Note the names and contact details of witnesses
• Record your account of events in writing while the details are clear
• Preserve damaged clothing, equipment, or other physical evidence
• If the accident occurred at work or in a public place, ensure it is formally recorded in the accident book or incident log

Step 3 — Report the incident to the right people

• Road accidents — report to the police if required (any RTA involving injury should be reported within 24 hours under the Road Traffic Act 1988) and notify your insurer
• Workplace accidents — report to your employer; certain injuries must be reported to the HSE under RIDDOR
• Accidents in public places — report to the occupier or manager at the time so it goes into their incident records

Official reports create a contemporaneous paper trail that is far harder for a defendant to dismiss than a subsequent account.

Step 4 — Instruct a solicitor and identify the defendant

Identifying the correct defendant is not always straightforward — where contractors, landlords, or multiple parties are involved, getting this wrong at the outset can have serious consequences. Most personal injury solicitors operate on a no-win no-fee basis. Choose a solicitor who handles your category of claim regularly, not a generalist.

Step 5 — Follow the pre-action protocol

Before proceedings are issued, the parties must follow the relevant pre-action protocol. Protocols exist for:

• Personal injury claims generally (fast-track value claims)
• Low-value employers' liability and public liability claims
• RTA claims below the small claims limit (OIC portal cases)
• Clinical disputes
• Disease and illness claims

Each protocol sets out how the claimant must notify the defendant, the timescales for the defendant's response, how medical evidence is to be obtained, and how offers must be made and considered. Non-compliance can result in cost penalties even if you win.

Step 6 — Medical evidence and valuation

An independent medical expert examines the claimant and produces a medical report. In clinical negligence and industrial disease cases, expert evidence from specialists in the relevant field is required. The medical report, combined with the schedule of special damages, forms the basis of valuation and negotiation.

Step 7 — Negotiation and settlement

The vast majority of personal injury claims are settled without a final trial. Once liability is admitted or established and medical evidence is finalised, the parties negotiate a settlement figure. A settlement agreed between parties does not require court approval (except where the claimant is a child or a protected party, in which case the court must approve any settlement to ensure it is in their best interests).

If a settlement cannot be reached, court proceedings are issued. Even then, claims very often settle before the trial date. Only a small proportion of personal injury claims reach a final contested hearing.

When assault or crime causes the injury

If your injury was caused by a deliberate criminal act rather than negligence, a personal injury claim against the perpetrator may be possible but is often impractical — many offenders have no assets or insurance. The alternative is the Criminal Injuries Compensation Scheme, a government-funded scheme administered by the Criminal Injuries Compensation Authority (CICA).

The scheme has its own eligibility rules, tariff of awards, and — critically — its own time limit: you must apply within two years of the incident in most cases, though CICA has a discretion to accept late applications in exceptional circumstances. This deadline is much shorter than the three-year period for civil claims, so act promptly if a criminal assault caused your injuries.

When the driver who injured you cannot be traced or was uninsured

For road traffic accident claims where the at-fault driver was uninsured or fled the scene, the Motor Insurers' Bureau (MIB) provides compensation. The MIB is funded by a levy on motor insurers and operates under two agreements with the Secretary of State for Transport:

• The Uninsured Drivers' Agreement 2015 — covers injury and property damage caused by a driver who had no insurance
• The Untraced Drivers' Agreement 2017 — covers personal injury caused by a driver who cannot be identified (hit and run)

The MIB now accepts claims electronically. Both agreements have their own procedural requirements and time frames. Check the current rules on the MIB website before making a claim, as conditions apply.

Funding your claim — no win, no fee explained

The withdrawal of legal aid from most personal injury cases (following the Legal Aid, Sentencing and Punishment of Offenders Act 2012) means the majority of claims are now funded by conditional fee agreements (CFAs), commonly called no win, no fee agreements.

Under a CFA:

• If your claim fails, you pay nothing to your own solicitor for their basic costs (though you may be liable for the other side's costs — see below).
• If your claim succeeds, your solicitor charges a success fee, which is a percentage uplift on their base costs.

In personal injury cases, the success fee is capped at 25% of the damages recovered for pain, suffering and loss of amenity, and certain past financial losses. It cannot be taken from any award for future care or future loss of earnings. This cap was introduced by the Conditional Fee Agreements Order 2013.

Most claimants on a CFA will also take out after-the-event (ATE) insurance to cover the risk of paying the defendant's costs if the claim fails. The premium is not recoverable from the other side in ordinary personal injury cases (a change introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012), so it comes out of the claimant's damages if the claim succeeds, or is covered by the insurance itself if it fails (depending on the policy terms).

Always read your CFA and ATE policy carefully before signing. Ask your solicitor to explain exactly what you would pay in the event of success and what protection you have in the event of failure.

Contributory negligence — if you were partly at fault

A personal injury claim is not defeated simply because you share some responsibility for what happened. Under section 1 of the Law Reform (Contributory Negligence) Act 1945, the court will find the total damages to which you would have been entitled had the accident been entirely the defendant's fault, and then reduce that award by the proportion of blame attributed to you.

Common examples:

• A pedestrian who crosses the road without looking, hit by a negligent driver — might be found 25–30% contributorily negligent
• A front-seat passenger not wearing a seatbelt — typically 25% reduction (established by case law)
• A worker who ignored a clearly posted safety warning — reduction will depend on the specific facts

The key point is that a claim is not all or nothing. Many people recover a substantial sum even where they accept a degree of responsibility.

Getting help — when to call a solicitor

Not every accident justifies the time and cost of a formal claim. Minor injuries with no lasting effects and no significant financial loss may not produce an award that justifies the process. A legal adviser can help you assess this early.

You should take advice promptly if:

• Your injuries are more than trivial or have lasted more than a few weeks
• You have missed work or incurred other financial losses
• Liability is disputed or the defendant denies they were at fault
• The accident involves a clinical, industrial disease, or other complex element
• The three-year deadline is approaching — do not leave this

The adviser can give you a realistic view of your claim's prospects, the likely range of compensation, and the funding options available to you before you commit to anything.

This guide provides general information about personal injury claims in England and Wales. It is not legal advice about your specific circumstances, and nothing in it should be relied upon as such. The law described reflects the position as at June 2026 and is subject to change.

Last reviewed: June 2026 · Next review due: June 2027 or on legislative change.