Personal injury claims: how they work (information only)

This guide explains, in general terms, how personal injury claims work in England and Wales. It is information only, not advice on your situation. It also explains how you can find and check a solicitor or claims company yourself.

Referral fees are banned

Section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (opens in a new tab) bans the payment and receipt of referral fees in personal injury cases. Be cautious of anyone who offers to "sell" or pass on your claim. If you are looking for a personal injury solicitor, you can search the Law Society's Find a Solicitor (opens in a new tab) and check any firm on the SRA register (opens in a new tab).

What is a personal injury claim?

A personal injury claim is a claim for compensation, called damages, for an injury caused by someone else's fault. Most claims are based on the law of negligence. In broad terms, the person claiming needs to show that:

• the other party owed them a duty of care
• the other party breached that duty, by failing to take reasonable care
• the breach caused the injury
• the injury led to loss that the law recognises

Some claims are based on specific laws instead. For example, the Occupiers' Liability Act 1957 (opens in a new tab) sets out the duty of people who control premises towards visitors.

Common types of claim

• Road traffic accidents, involving drivers, passengers, cyclists or pedestrians
• Accidents at work, where employers have legal duties to protect health and safety
• Accidents in public places, such as trips on poorly maintained pavements
• Clinical negligence, where medical treatment falls below an acceptable standard
• Injuries caused by crime, which may be covered by a government compensation scheme

Time limits

Time limits are strict. Under section 11 of the Limitation Act 1980 (opens in a new tab), a personal injury claim must usually be started within three years of either the date of the injury or the date the injured person first knew, or could reasonably have known, certain key facts about it. This "date of knowledge" is defined in section 14.

There are important exceptions:

• for children, the three years usually do not start until their 18th birthday
• for people who lack mental capacity to manage the claim, time usually does not run while that incapacity continues
• the court has a discretion under section 33 to allow some claims to proceed after the time limit, but this should never be relied on

If a death is caused by an injury, different rules apply to claims by the family or estate.

Road traffic accidents and whiplash claims

Since 31 May 2021, there have been special rules for many lower-value road traffic injury claims in England and Wales. Under the Civil Liability Act 2018, compensation for whiplash injuries lasting up to two years is set by a fixed tariff in regulations. Claims for road traffic injuries valued up to £5,000 by adult drivers and passengers usually fall within the small claims track, which means legal costs are not normally recoverable from the other side.

To help people bring these claims without a lawyer if they wish, the government set up the Official Injury Claim service (opens in a new tab), which is free to use. It explains who can use the service and how to start a claim. Some people, including children, motorcyclists, cyclists and pedestrians, are outside the scheme.

Accidents at work

Employers have duties under health and safety law to protect their staff. Most employers must have employers' liability insurance. If you are injured at work, it is sensible to report the accident, make sure it is recorded in the accident book, and keep notes and photographs. Some workplace injuries must be reported by the employer to the Health and Safety Executive under the RIDDOR regulations (opens in a new tab).

Clinical negligence

If you are unhappy with NHS care, you can make a complaint through the NHS complaints procedure, which is separate from a legal claim. Clinical negligence claims against the NHS in England are handled by NHS Resolution (opens in a new tab). These claims usually require expert medical evidence and can be complex.

Injuries caused by crime

If you were injured as a victim of a violent crime, you may be able to apply to the Criminal Injuries Compensation Authority. GOV.UK explains how to claim compensation if you were the victim of a violent crime (opens in a new tab). There are eligibility rules and time limits, and you do not need a lawyer to apply.

What compensation covers

Damages in a personal injury claim usually fall into two parts:

• general damages for the pain, suffering and loss of amenity caused by the injury
• special damages for financial losses and expenses, such as lost earnings, travel costs, care and treatment

Compensation is meant to put you, as far as money can, in the position you would have been in if the injury had not happened.

How claims are funded

Many personal injury claims are funded by a conditional fee agreement, often called "no win, no fee". If the claim succeeds, the solicitor may charge a success fee. In personal injury cases, the success fee that can be taken from the client's damages is capped by law at 25% of certain damages, excluding damages for future losses. Read any funding agreement carefully and ask the firm to explain exactly what you might pay.

Other possibilities include legal expenses insurance, which is sometimes included in home or motor policies, and trade union funding. In most personal injury cases, a claimant who loses is protected by a rule called qualified one-way costs shifting, which usually limits their liability for the defendant's costs. There are exceptions.

Be careful with cold calls and texts

Be wary of unsolicited calls, texts or social media messages about an accident you have not reported. Check who you are dealing with:

• solicitors' firms are regulated by the Solicitors Regulation Authority and appear on the SRA register (opens in a new tab)
• claims management companies in Great Britain must be authorised by the Financial Conduct Authority and appear on the FCA register (opens in a new tab)

Practical steps after an injury

• Get medical attention and keep records of treatment.
• Report the accident, for example to your employer, the police or the premises owner.
• Take photographs and keep receipts for expenses.
• Write down what happened and the details of any witnesses.
• Note the date: the three-year time limit usually runs from it.

Where to get help

Citizens Advice (opens in a new tab) can explain your options. For a solicitor, use the Law Society's Find a Solicitor (opens in a new tab) and check the firm on the SRA register (opens in a new tab).

Sources

1. Section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (opens in a new tab) (legislation.gov.uk)
2. Law Society's Find a Solicitor (opens in a new tab) (solicitors.lawsociety.org.uk)
3. SRA register (opens in a new tab) (sra.org.uk)
4. Occupiers' Liability Act 1957 (opens in a new tab) (legislation.gov.uk)
5. section 11 of the Limitation Act 1980 (opens in a new tab) (legislation.gov.uk)
6. Official Injury Claim service (opens in a new tab) (officialinjuryclaim.org.uk)
7. RIDDOR regulations (opens in a new tab) (hse.gov.uk)
8. NHS Resolution (opens in a new tab) (resolution.nhs.uk)
9. how to claim compensation if you were the victim of a violent crime (opens in a new tab) (gov.uk)
10. FCA register (opens in a new tab) (register.fca.org.uk)
11. Citizens Advice (opens in a new tab) (citizensadvice.org.uk)

Sources checked for the update dated 15 October 2026. Spotted an error? Tell us and read how we handle corrections.