If you have been injured and are thinking about a claim, it helps to know what the process usually involves. This guide gives an overview of how personal injury claims typically progress in England and Wales.
Step 1: An initial assessment
The first question is whether there is a realistic claim. That usually means considering three things: whether someone else owed you a duty of care, whether they failed to meet the standard expected of them, and whether that failure caused your injury. The time limit for bringing the claim is also checked at this stage.
Step 2: Notifying the other side
Most claims follow a pre-action protocol. The claim is notified to the other party or their insurer, with a summary of what happened and the injuries suffered. Lower-value road traffic claims by adults are often started through the Official Injury Claim service, while other claims may use a different online portal or a formal letter of claim.
The other side then has a set period to investigate and say whether they accept responsibility, which is known as liability.
Step 3: Gathering evidence
Evidence is gathered to support both liability and the value of the claim. This often includes:
- An independent medical report on your injuries and likely recovery
- Witness statements
- Photographs, accident reports and other records
- Evidence of financial losses, such as payslips and receipts
In more serious cases, reports from several medical experts may be needed, and it can take time before your long-term prognosis is clear.
Step 4: Valuing the claim
Compensation usually has two parts. General damages compensate for pain, suffering and loss of amenity. Special damages cover financial losses, such as lost earnings, care, travel and treatment costs. Future losses may also be included where an injury has long-term effects.
Step 5: Negotiation and settlement
Most personal injury claims settle through negotiation, without a court hearing. Offers may be made by either side. Formal offers made under Part 36 of the Civil Procedure Rules can have important costs consequences, so they should be considered carefully.
Step 6: Court proceedings, if needed
If the claim cannot be settled, or the time limit is approaching, court proceedings may be issued. Even after proceedings begin, many claims still settle before a final hearing.
How long does it take?
Straightforward claims where liability is accepted may conclude within months. Disputed or serious injury claims can take considerably longer. It is often sensible not to settle until the medical picture is clear.
For more information, see our page on personal injury claims, or contact us for a free initial consultation.
