Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Being hurt in an accident that wasn't your fault is stressful enough without worrying about whether you are handling the claims process correctly. Yet the decisions you make in the days and weeks after the incident can have a significant effect on what, if anything, you recover.
Small missteps, a delayed GP visit, a casual comment on social media, a quick handshake deal with an insurer, can reduce the value of an otherwise strong claim, or knock it out entirely. This guide walks through the mistakes that most often trip people up when pursuing compensation in England and Wales, and what you can do instead to keep your position protected.
It is written for ordinary claimants, not lawyers, so you will find practical explanations rather than jargon about causation and quantum.
Overview
A personal injury claim is a civil action for compensation brought by someone who has suffered physical or psychological harm because of another party's negligence or breach of duty. In England and Wales, these claims typically fall into categories such as road traffic accidents, workplace injuries, slips and trips on public or commercial premises, medical negligence, and injuries caused by defective products.
The general limitation period for starting court proceedings is three years from the date of the accident or from the date you became aware the injury was linked to someone else's fault, although different rules apply to children and to people who lack mental capacity. Most claims settle without ever reaching a courtroom, usually through negotiation with the defendant's insurer.
Compensation is normally split into general damages (for pain, suffering and loss of amenity) and special damages (for financial losses like lost earnings, treatment costs and travel expenses). The size of any award depends heavily on the evidence you gather and the way you conduct yourself during the process, which is why avoiding common errors matters so much.
Key steps
Get medical attention before anything else. Even if your injuries feel minor, see a GP, visit A&E, or arrange an urgent appointment. Medical records created close in time to the accident are some of the strongest evidence you can have, and gaps in treatment are routinely used by insurers to argue injuries are exaggerated or unrelated.
Gather and preserve evidence early. Photograph the scene, the hazard, your injuries and any damaged property while things are still fresh. Collect names and contact details for witnesses, keep receipts for any expenses, and ask for copies of accident book entries, incident reports or police reference numbers. Evidence fades quickly once the scene is cleaned up.
Be careful what you say and post. Do not give recorded statements to the other side's insurer without getting guidance first, and think twice before posting on social media. A photograph of you at a family party can be screenshotted and used to suggest your injuries are less serious than claimed, even if the reality is very different.
Keep your representative fully informed. Whoever handles your claim needs the full picture, including any pre-existing conditions, previous accidents and ongoing symptoms. Holding back information rarely helps and usually backfires when the other side finds out through medical records or disclosure, which they almost always do.
Do not accept the first offer without checking it. Insurers often open with a figure well below what a claim is actually worth, hoping you will take a quick payment and close the file. Once you accept and sign, you generally cannot come back for more, even if your injuries turn out to be worse than first thought.
Q How long do I have to make a personal injury claim in the UK?
For most personal injury claims in England and Wales, you have three years from the date of the accident or from the date you first knew your injury was linked to someone else's fault. Different rules apply for children, where the three-year clock usually starts on their 18th birthday, and for people who lack mental capacity. Waiting until close to the deadline makes claims much harder to run.
Q Will I have to go to court if I make a claim?
Most personal injury claims in the UK settle through negotiation without a trial. Court proceedings may be issued to protect a limitation deadline or push a reluctant insurer, but the vast majority of cases resolve before a hearing. Only a small fraction ever reach a judge. If yours does go that far, your representative will usually handle most of the process for you.
Q What is a 'no win no fee' agreement?
A conditional fee agreement, commonly called no win no fee, means you do not pay your solicitor's basic fees if your claim is unsuccessful. If you win, a success fee is deducted from your compensation, capped by regulations. You may also need After the Event insurance to cover the other side's costs if things go wrong. Always read the agreement carefully before signing.
Q Can I still claim if the accident was partly my fault?
Yes, in many cases. English law allows for contributory negligence, which means your compensation is reduced by a percentage reflecting your share of responsibility. For example, not wearing a seatbelt in a car accident may cut an award by around a quarter. Being partly at fault is not an automatic bar to claiming, but it does need to be handled carefully.
Q What kinds of losses can I claim compensation for?
Claims typically cover two heads of loss. General damages compensate for the injury itself, including pain, suffering and the impact on your day-to-day life. Special damages cover financial losses caused by the injury, such as lost wages, private treatment costs, travel to medical appointments, care provided by family, and damaged property. Keeping receipts and a diary of losses makes this far easier to prove.
Q Should I talk to the other driver's insurer directly?
It is usually better not to. Third party insurers sometimes contact claimants quickly to offer a low settlement before the full extent of injuries is known, or to take a recorded statement that can later be used against you. You are under no obligation to negotiate with them directly, and it is generally wiser to let a representative handle communications.
Q What happens if my injury turns out to be worse than I thought?
This is one of the biggest reasons not to settle early. Once a claim is settled with a full and final release, you normally cannot reopen it, even if symptoms worsen or new conditions emerge linked to the accident. A proper medical prognosis should be in place before any settlement is agreed, so the value reflects the real long-term impact.
Unsure if your injury claim is on the right track?
Small decisions early on, the timing of a medical appointment, a quick chat with an insurer, a social media post, can quietly undermine a claim worth thousands. An experienced legal adviser can help you think through your next steps based on what you describe on the call, so you know what to focus on and what to avoid.
✓Plain-English answers to your specific questions about the claims process
✓What to watch out for in your circumstances before speaking to insurers
✓Practical perspective on evidence, timing and common pitfalls based on what you describe
✓Clarity on your options so you can decide how to move forward with confidence
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.
