Personal Injury Court Claims UK: Process & Timelines

Overview

A personal injury claim is a civil action brought by someone who has suffered physical or psychological harm because another party was negligent or breached a legal duty owed to them. Common examples include road traffic collisions, accidents at work, slips and trips in public places, and clinical negligence.

The aim of any claim is compensation, usually split between general damages (for pain, suffering and loss of amenity) and special damages (for financial losses such as lost earnings, care costs and medical expenses). Most claims settle through negotiation between the injured person's representative and the defendant's insurer, often without court papers ever being issued.

When a settlement cannot be agreed, or when liability is denied outright, court proceedings may be the only way to progress. Even then, many cases settle after proceedings are issued but before trial. Going to a full contested hearing is genuinely uncommon, and the court system is structured to encourage resolution at the earliest sensible point through pre-action protocols and case management.

Key steps

1. Get medical attention and record what happened. Your health comes first, so see a GP, attend A&E or call an ambulance as appropriate. Keep a clear record of the incident, take photographs where you can, note the names and contact details of any witnesses, and hold onto receipts for anything you spend as a result of the injury.
2. Speak to a personal injury specialist early. A solicitor or claims adviser who handles injury work regularly can talk you through whether you have a viable claim, how limitation periods apply, and what funding options (such as conditional fee arrangements) might be available. Most offer a free initial conversation before you commit to anything.
3. Follow the pre-action protocol. Before any court claim is issued, the rules require both sides to exchange information. A formal Letter of Claim is sent to the defendant, who then has a set period to respond on liability. Medical evidence is usually obtained and disclosed, and attempts at negotiation take place during this stage.
4. Issue court proceedings if no settlement is reached. If the defendant denies liability or the parties cannot agree on value, a claim form is issued at court. The case will then be allocated to a track (small claims, fast track, intermediate, or multi-track) depending on its value and complexity, and the court will set directions for disclosure, witness statements and expert evidence.
5. Prepare for trial or final settlement. As the hearing date approaches, both sides refine their evidence and often make further settlement offers, including Part 36 offers which carry costs consequences. If the case proceeds to trial, a judge hears evidence and delivers a judgment on liability and the amount of compensation. Many cases still resolve in the days or weeks before the hearing itself.