Personal Injury Claim UK: How to Start (2025 Guide)

Overview

A personal injury claim is a civil action brought by someone who has suffered physical or psychological harm that another party caused or failed to prevent. The legal basis is usually negligence: the idea that the other side owed you a duty of care, fell short of the standard reasonably expected, and caused you loss as a result.

Claims are typically settled between solicitors and insurers without ever reaching court, though court proceedings remain an option where liability is disputed or the offer on the table falls short. Compensation is generally split into two parts. General damages cover the pain, suffering, and loss of amenity caused by the injury itself.

Special damages cover the financial losses that flow from it, such as lost earnings, medical expenses, travel to appointments, and the cost of ongoing care or equipment. The standard time limit for bringing a claim in England and Wales is three years from the date of the injury, or from the date you became aware the harm was linked to someone else's conduct, though exceptions exist for children and those lacking capacity.

Key steps

1. Report what happened. Tell the party you consider responsible as soon as you reasonably can, whether that is your employer, the occupier of the premises, or the police in the case of a road collision. Ask for the report to be logged in writing, and if there is an accident book on site, make sure the entry reflects what actually occurred rather than a sanitised version.
2. Gather evidence while it is fresh. Memories fade and scenes change quickly. Take photographs of the location, the hazard, your injuries, and any vehicles or equipment involved. Note the names and contact details of anyone who saw what happened. If CCTV might have captured the incident, flag it early because footage is often overwritten within a short window.
3. Get medical attention and keep the records. Seeing a GP, attending A&E, or visiting a minor injuries unit creates a contemporaneous record that links your injuries to the incident. Follow the treatment advice you are given, attend any follow-up appointments, and hold onto prescriptions, referral letters, and discharge notes. These documents carry real weight when the value of a claim is being assessed.
4. Track every cost and consequence. Keep receipts for medication, physiotherapy, taxis to appointments, and any equipment you had to buy. Hold onto payslips showing lost earnings, and make a note of activities you can no longer do or have had to adapt. A simple diary of how the injury affects daily life can be surprisingly useful when quantifying general damages.
5. Speak to a specialist before committing. Personal injury work is a distinct area and the funding arrangements vary, with conditional fee agreements (no win, no fee) being common. Before signing anything, make sure you understand how fees, success fees, and any insurance premiums will be handled, and check whether you already have legal expenses cover through a home or motor policy.