Personal Injury Claim UK: How It Works (2026)

Overview

A personal injury claim is a civil action brought by someone who has been physically or psychologically harmed because another party failed to take reasonable care. The person bringing the claim is called the claimant, and the person or organisation being held responsible is called the defendant.

The aim is not punishment. In English civil law, the goal of compensation (known as damages) is to put the injured person back, so far as money can, into the position they would have been in if the injury had never happened.

That covers two broad categories. General damages compensate for the injury itself and its impact on your life: pain, suffering, loss of mobility, psychological effects, and reduced ability to enjoy hobbies or relationships. Special damages cover the financial consequences you can actually evidence with receipts, payslips and invoices: lost earnings, medical costs, travel to appointments, care provided by family members, and adaptations to your home or vehicle. Most personal injury claims in the UK settle through negotiation with an insurer long before they reach a courtroom.

Key steps

1. Get medical attention and keep records. Your first priority is your health, but seeing a GP, attending A&E, or getting a diagnosis from a specialist also creates the medical evidence that underpins any future claim. Keep copies of discharge notes, prescriptions, referral letters and anything else that documents the injury and how it was treated.
2. Gather evidence of what happened. Memories fade quickly, so write down what occurred while it is fresh. Photograph the scene, the hazard, and any visible injuries. Note the names and contact details of witnesses. If the incident happened at work or in a shop, make sure it is recorded in the accident book and ask for a copy of the entry.
3. Identify the responsible party. Personal injury claims are usually pursued against an insurer rather than an individual. For a road traffic accident this means the other driver's motor insurer. For a workplace injury it is the employer's liability insurer. For an accident in a public place it may be the occupier's public liability insurer or a local authority.
4. Be aware of the time limit. In most cases you have three years from the date of the injury, or from the date you first realised the injury was linked to someone's negligence, to issue court proceedings. There are important exceptions for children and for people who lack mental capacity. Do not leave things until the last minute, as building a case takes time.
5. Decide how you want to proceed. You can approach the defendant's insurer directly, instruct a solicitor on a no win, no fee arrangement, or use the official online portal for lower-value claims. Each route has trade-offs in terms of cost, speed, and how much support you get. Understanding your options before you commit is worth the effort.