Personal Injury Claims
Free advice on when personal injury claims are possible and how the legal process works.
If you’ve suffered an accident that wasn’t your fault, you might be considering making a personal injury claim. Understanding how this process works is important before you take your next steps. Therefore, this article explores what a personal injury claim involves, who can make one, and the key points you need to know before deciding whether to pursue compensation.
If you’re unsure about any part of the process or want more personalised guidance, we can help. You can always reach out for further support, and, if required, we’ll help connect you with an SRA-regulated law firm if required.
Please keep reading to learn more about your rights and how to make informed decisions when dealing with a personal injury claim. Alternatively, you can contact us at any time for free advice.
What Is A Personal Injury Claim?
A personal injury claim is the legal process for seeking compensation following an accident or incident that caused you harm due to another party’s fault. You could recover damages for physical, psychological or financial losses resulting from the injury.
Different Types of Claims
Personal injury claims cover a broad range of circumstances. Common types include:
Workplace injuries: Examples include slips in offices or machinery accidents in factories.
Road traffic accidents: Instances feature car collisions, motorcycle incidents or pedestrian injuries.
Accidents in public places: Situations involve slips in supermarkets or falls in parks.
Medical negligence: Examples cover surgical errors or misdiagnoses by medical professionals.
Faulty products: Claims arise from defective electrical goods or unsafe medical devices.
Industrial illnesses: Illnesses include asbestosis from prolonged worksite exposure.
Criminal injury: Claims result from physical assault or trauma following criminal acts.
We’ll provide more information on how personal injury claims work throughout this guide. If you’d like free advice on how to make a claim, please feel free to contact us today.
The Personal Injury Claims Process
The personal injury claims process in England and Wales follows a defined path to help you secure compensation for harm caused by another party. Solicitors and insurers must comply with the pre-action protocols for personal injury claims, which generally means, claims proceed in the following manner:
The solicitor sends a formal Letter of Claim to the defendant (or their insurers), outlining the circumstances of the injury, the nature of the claim, and the injuries sustained.
The defendant acknowledges receipt of the Letter of Claim, usually within 21 days.
The defendant investigates the claim and provides a formal response, known as the Letter of Response, typically within three months of acknowledgment.
Both parties exchange relevant documents and medical evidence to clarify liability and quantum.
The parties engage in negotiation to attempt settlement without court proceedings.
Should settlement not be reached, the parties undertake efforts to narrow the issues, such as holding a joint meeting or mediation.
If the claim remains unresolved, formal court proceedings may be issued, complying with the Civil Procedure Rules.
Importantly, even if a court date is set for a personal injury claim, it could still be resolved out-of-court (and this is very often the case).
The Eligibility Criteria for Personal Injury Claims
Generally, solicitors will check the following before agreeing to take on a personal injury claim:
Duty of Care Existed: The responsible party—such as an employer, driver, or property owner—owed a legal duty to keep you reasonably safe.
Breach of Duty Occurred: The third party failed to meet their legal obligation. Breaches might include employers neglecting health and safety regulations or a motorist ignoring traffic signals.
Harm Resulted from the Breach: The breach directly caused you to suffer an injury, illness, or loss. The link must be clear, such as a fall after slipping on an unmarked wet floor.
Importantly, there is a 3-year time limit for personal injury claims, usually starting from the date of injury. However, there are exceptions for children and those lacking mental capacity. If you’d like us to check if you’re entitled to claim, please feel free to contact our team.
What Personal Injury Compensation Can Cover
Personal injury compensation addresses losses resulting from an accident that was not your fault. It consists of two main types: general damages and special damages.
General damages compensate for pain, suffering and changes to your quality of life. This includes the physical and psychological impact of an injury or illness. The amount depends on factors such as the severity of the injury and its long-term effects. For example, minor injuries typically result in less compensation than severe injuries involving permanent disability.
Special damages reimburse financial losses caused by the injury. These losses may include medical expenses, prescription costs, lost earnings, travel costs for treatment, rehabilitation fees and the expense of specialist support or equipment. For example, if your injury prevents you from working for several months, your compensation may reflect this lost income.
A solicitor will usually provide a personalised compensation estimate once they’ve considered all the facts. It is important to factor in any pain you’ve already endured, as well as any ongoing suffering (as you’re only able to claim once).
Should I Use A Solicitor To Make A Personal Injury Claim?
Most injury claims resolve through negotiation, but legal expertise is likely to increase your chances of reaching a fair settlement. A qualified solicitor helps you gather evidence, assess your losses accurately, and navigate complex negotiations or any court procedures if required.
How To Choose The Right Law Firm
Compare personal injury law firms by checking their experience with your type of claim, regulatory accreditations, and independent rankings. Seek clear communication and transparent fee structures before instructing representation.
We work closely with law firms that are registered with the Solicitors Regulation Authority (SRA). If required, we can connect you with one for free.
Claiming On A No Win No Fee Basis
Claiming personal injury compensation on a No Win No Fee basis means you enter a Conditional Fee Agreement with your solicitor. This arrangement removes the need for upfront legal costs when starting your case. Solicitors receive a pre-agreed success fee if your claim succeeds, deducted from your final compensation. Legal rules cap this fee, so the majority of your compensation stays with you.
If your claim isn’t successful, you typically don’t pay your solicitor for their work. Many agreements also provide After The Event (ATE) insurance to cover the other side’s legal costs, ensuring you don’t face unexpected expenses if your case fails. This approach to personal injury claims removes most financial risk for you.
No Win No Fee is available for a range of accident claims, including road traffic incidents, workplace injuries and medical negligence.
The law firms we work with offer a No Win No Fee service for any personal injury claim they work on.
Contact Us For Free Advice
Hopefully, our guide on personal injury claims has helped you understand your options. Remember, you can usually claim compensation if somebody who owed you a duty of care caused an accident in which you were injured through negligence.
If you’d like us to clarify your eligibility to start a personal injury claim, please contact us today.
We are happy to discuss your case with you and connect you with a trusted law firm if needed.