Personal Injury Compensation UK: How It's Calculated

At a glance

• Two heads of loss: general damages (the injury itself — pain, suffering and loss of amenity) and special damages (provable financial losses: lost earnings, treatment costs, care, travel and future losses).
• Judicial College Guidelines (18th ed., April 2026): the primary benchmark for general damages brackets; updated to reflect RPI inflation to August 2025. Advisory, not binding, but used by courts and insurers as the standard reference.
• Whiplash tariff: fixed compensation for RTA soft-tissue injuries lasting up to two years. Uprated from 31 May 2025 by SI 2025/615 — for injuries arising on or after that date, up to £275 (under 3 months) to £4,830 (18–24 months) for whiplash alone, with a possible 20% uplift in exceptional circumstances.
• OIC portal: the compulsory online route for low-value RTA personal injury claims (under £5,000); the small claims track limit for RTA PI was raised from £1,000 to £5,000 in 2021.
• Limitation period: three years from the date of accident or date of knowledge, under section 11 of the Limitation Act 1980. Courts have a limited discretion to admit late claims under section 33.
• Contributory negligence: your damages are reduced in proportion to your share of fault (Law Reform (Contributory Negligence) Act 1945). Failing to wear a seatbelt, for example, can cut your award by up to 25%.
• Interim payments: available before final settlement under CPR Part 25 where liability is not in dispute, giving you access to part of the expected damages early.

General damages: compensating the injury itself

General damages cover the non-financial impact of an injury — pain and suffering, loss of amenity (things you can no longer do), and psychological effects flowing from the physical harm. They are, by their nature, impossible to calculate precisely from first principles; instead, courts and practitioners use the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases as the primary reference.

The Guidelines set out compensation brackets for hundreds of injury types and severities: from minor bruising to catastrophic spinal and brain injuries. They are updated periodically to reflect inflation and significant court decisions. The 18th edition, published in April 2026, increased all brackets by approximately 8.26% compared with the 17th edition, reflecting RPI inflation to August 2025. The 18th edition also added a new bracket for miscarriage following negligence.

The Guidelines are advisory rather than binding, meaning a judge is not obliged to follow them. But in practice they are the starting point in virtually every claim, and any departure requires a reasoned explanation. Where your medical evidence places your injury close to a bracket boundary, the precise figure within the range will depend on individual factors such as severity, duration, your age, and the extent of any residual effects.

One important point: the Guidelines cannot be used in isolation. They give the general-damages element only. The full compensation picture requires adding special damages on top.

Special damages: the financial losses you can prove

Special damages cover measurable out-of-pocket losses caused by the injury. Unlike general damages, they must be individually evidenced — a rough estimate is rarely enough. The main heads are:

Lost earnings. This covers net take-home pay lost during your recovery. If you are self-employed, you will need accounts or tax records to demonstrate the loss. Future lost earnings (where the injury affects your earning capacity long-term) require actuarial calculation using published multiplier tables produced by the Government Actuary's Department.

Medical and treatment costs. Private physiotherapy, consultant appointments, prescription charges, surgery costs, and psychological treatment can all be claimed if they were reasonably incurred. NHS treatment costs are recoverable by the NHS under the NHS Injury Cost Recovery Scheme — they are not added to your compensation.

Care and assistance. Where family or friends have provided gratuitous care — help with washing, cooking, transport, housework — this is recoverable at a reasonable commercial rate, even if no money actually changed hands. Keep a diary of who helped, for how long, and with what tasks.

Travel and accommodation. Journeys to medical appointments, court hearings, and (where the injury requires it) adaptations to your vehicle or home can be claimed.

Future losses. If your injury will have lasting effects, the claim should include the cost of future treatment, future care needs, loss of earning capacity, aids and equipment, and any necessary home adaptations. Future losses are often the largest part of a serious injury claim. They are calculated by multiplying a recurring annual loss (the "multiplicand") by an actuarial figure (the "multiplier") that accounts for life expectancy and the fact that a lump sum will earn interest.

The importance of keeping contemporaneous records cannot be overstated. Receipts, payslips, a care diary, and witness statements from those who helped you are far more persuasive than retrospective reconstructions.

The whiplash tariff: a separate regime for RTA soft-tissue injuries

If your claim involves a soft-tissue (whiplash) injury caused by a road traffic accident in England or Wales on or after 31 May 2021, a statutory tariff replaces the Judicial College Guidelines for the general damages element of the whiplash injury itself. This regime was introduced by Part 1 of the Civil Liability Act 2018 and implemented through the Whiplash Injury Regulations 2021.

The tariff was uprated from 31 May 2025 by the Whiplash Injury (Amendment) Regulations 2025 (SI 2025/615). Two sets of figures now apply:

• Table 1 (causes of action arising before 31 May 2025)
• Table 2 (causes of action arising on or after 31 May 2025)

The Table 2 figures (the current tariff for new accidents) are set out below. "Regulation 2(1)(a)" covers whiplash injury alone; "Regulation 2(1)(b)" covers whiplash injury accompanied by a minor psychological injury sustained on the same occasion.

| Duration of whiplash injury | Whiplash alone | Whiplash + minor psychological injury | |---|---|---| | Not more than 3 months | £275 | £300 | | More than 3 months, not more than 6 months | £565 | £595 | | More than 6 months, not more than 9 months | £965 | £1,025 | | More than 9 months, not more than 12 months | £1,510 | £1,595 | | More than 12 months, not more than 15 months | £2,335 | £2,435 | | More than 15 months, not more than 18 months | £3,445 | £3,550 | | More than 18 months, not more than 24 months | £4,830 | £4,975 |

Source: SI 2025/615, regulation 2, Table 2.

A court may uplift these figures by up to 20% in exceptional circumstances — for example, where the symptoms are unusually severe relative to the duration bracket. What constitutes exceptional circumstances is a matter for the court on the facts.

The tariff is a cap on the general damages for the whiplash element only. Special damages (lost earnings, treatment costs, care) are calculated separately and added to it. Where an RTA claimant has suffered a non-whiplash injury in addition — a fracture or a head injury, for example — that injury is valued under the Judicial College Guidelines in the usual way.

The OIC portal and the small claims track

For low-value RTA personal injury claims in England and Wales — broadly those worth under £5,000 — the compulsory starting point is the Official Injury Claim (OIC) service, an online portal operated under the supervision of the Ministry of Justice.

The OIC portal reflects the increase in the small claims track limit for RTA personal injury claims from £1,000 to £5,000 that came into force in 2021. The practical consequence is that most whiplash claims now proceed through the small claims track if they go to court, meaning each side normally bears its own legal costs. This is a significant departure from the pre-2021 position and one reason that solicitors may be less willing to act on lower-value RTA claims under a CFA than was once the case.

Claimants can use the OIC portal without a solicitor. The portal guides you through sourcing medical evidence (a requirement before any whiplash claim can be settled) and making and responding to offers. A Portal Support Centre is also available by phone. If the claim cannot be settled through the portal, it can proceed to court.

Claims arising from RTAs before 31 May 2021 remain subject to the pre-reform rules and do not go through the OIC portal.

The limitation period: how long you have to claim

The right to bring a personal injury claim in England and Wales is time-limited. Under section 11 of the Limitation Act 1980, the primary limitation period is three years. The three years runs from whichever is the later of:

• the date on which the cause of action accrued (usually the date of the accident); or
• the claimant's date of knowledge — the date on which they first knew, or it was reasonably discoverable, that the injury was significant and attributable to the act or omission of another identifiable person.

The date-of-knowledge rule matters most in industrial disease and medical negligence claims, where an injury may not become apparent — or its cause may not be clear — for months or years after the event.

Special rules apply in certain cases:

• Children: time does not begin to run until the child's 18th birthday. A minor injured at any age therefore has until their 21st birthday at the earliest.
• Mental incapacity: time does not run while a claimant lacks capacity.
• Fatal accidents: the three years runs from the date of death or the date of the deceased's personal representative's knowledge, under section 12 of the Act.

Section 33 discretion. Where the three-year period has expired, section 33 of the Limitation Act 1980 gives a court a discretionary power to override it if it considers it equitable to do so. This is not a general safety net. The court weighs factors including: the length of the delay and the reasons for it; the extent to which cogency of evidence has been diminished by the delay; the conduct of the defendant; and the steps the claimant took once they knew they might have a claim. Late claims can succeed, but the discretion is exercised cautiously and cannot be relied upon as a substitute for acting promptly.

The safest approach is always to seek advice well before the three-year period expires.

Contributory negligence: when you share some of the blame

A claim is not defeated simply because you played some part in causing your own injury. Under section 1 of the Law Reform (Contributory Negligence) Act 1945, a claimant who is partly at fault recovers reduced damages — reduced "to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage."

The percentage reduction is determined by the court (or agreed in settlement) and reflects both the degree of fault and, in some cases, the causal contribution of the claimant's conduct to the damage suffered.

Common examples:

• Seatbelts. In the leading case of Froom v Butcher [1976] QB 286, the Court of Appeal established that failing to wear a seatbelt attracts a 25% reduction where wearing one would have prevented the injury entirely, and a 15% reduction where it would only have reduced the severity.
• Motorcycle helmets. A failure to wear a properly fastened helmet where one was required by law will generally attract a reduction.
• Pedestrians and cyclists. Crossing a road without looking, or cycling against a red light, can result in a contributory negligence finding even where the primary cause of the accident was a driver's negligence.
• Workplace accidents. Failing to follow a safe system of work or to use provided safety equipment may attract a reduction, even where an employer's own breach of duty is the dominant cause.

Contributory negligence is a matter of evidence and argument. Its significance varies widely; a modest 10–15% finding in a complex case is very different from a 50–50 split where both sides bear substantial responsibility.

Interim payments: accessing money before the case settles

In serious injury cases, the full picture of future losses may not be clear for months or years. In the meantime, you may need funds to cover ongoing care, equipment, loss of earnings, or urgent treatment. Interim payments allow a court to order that a proportion of the likely damages is paid before final settlement or judgment.

Under CPR Part 25, a court may make an interim payment order where it is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount. The court considers: whether the defendant is insured, a public body, or has a guaranteed funder; whether liability is established or likely to be established; and any countervailing issues such as contributory negligence. The order must not exceed a reasonable proportion of the likely final award, taking into account any deductions.

Interim payments may also be agreed voluntarily between the parties without a court order — this is common in serious injury cases managed by large insurers, where liability is not materially in dispute but the prognosis remains unclear.

The existence of an interim payment does not prejudice the defendant: if the final award is lower than the sum already paid, the court has power to order repayment of the excess.

Putting the components together: a practical illustration

Consider a fictional example. Priya is injured in a road traffic accident in August 2025. She suffers a whiplash injury that resolves after eight months, and also fractures a wrist. She was not wearing a seatbelt at the time, and the parties agree a 15% contributory negligence reduction.

• Whiplash general damages (Table 2, 6–9 months, whiplash alone): £965, less 15% = £820
• Wrist fracture general damages: assessed against the Judicial College Guidelines (18th ed.) — not invented here; actual figure depends on severity and prognosis
• Special damages: net lost wages during eight weeks off work, physiotherapy receipts, travel to appointments — all documented
• No interim payment claimed (claim resolved within months)

This is a simplified illustration to show how the components are assembled. Real cases involve negotiation, medical expert evidence, and — where contributory negligence is disputed — argument about the right percentage. No figure in this guide constitutes a valuation of any individual claim.

Key steps when building a claim

1. Secure medical evidence early. GP records, hospital notes, imaging, and an independent medical report form the evidential spine. For a whiplash claim through the OIC portal, medical evidence is required before the claim can be settled.
2. Start a financial losses schedule immediately. Record every loss as it happens: net wage losses (obtain payslips and employer confirmation), all receipts, unpaid care provided by family members, and adaptations or equipment costs.
3. Keep a symptom and impact diary. Short daily notes on pain levels, sleep, mood, and activities you cannot do give the general damages assessment context that medical notes alone cannot.
4. Respect the limitation period. Note the three-year deadline from the date of accident (or date of knowledge) and take advice well before it expires. If the accident involved a child or a person lacking capacity, check the modified rules.
5. Take advice if liability is disputed or contributory negligence is raised. Both reduce the value of a claim — sometimes significantly — and are worth understanding before agreeing any settlement figure.
6. For low-value RTA whiplash claims, use the OIC portal. Claims under £5,000 arising from RTAs on or after 31 May 2021 must go through the Official Injury Claim service. The portal is accessible without a solicitor, but you can also instruct one.

This guide provides general information about how personal injury compensation is calculated in England and Wales. It is not a substitute for legal advice on your specific circumstances. The law described was accurate as at June 2026 and is subject to change.

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