Making a personal injury claim in England

England shares its legal system with Wales — together they form the single jurisdiction of "England & Wales" — so the core rules below apply across the country, from Cornwall to Northumberland. This guide walks through how an accident claim actually works in England: the deadline you must meet, the online portal that now handles most minor road traffic injuries, the courts that sit behind the process, and how "no win, no fee" funding is structured. Throughout, remember that we explain the system and signpost you to regulated professionals; we do not take on claims or act as solicitors.

The legal basis: negligence and duty of care

Almost every personal injury claim in England rests on the law of negligence. To succeed you generally have to show three things: that another person or organisation owed you a duty of care, that they breached that duty by falling below a reasonable standard, and that the breach caused the injury and losses you are claiming for. A driver owes other road users a duty to drive carefully; an employer owes staff a duty to provide a safe system of work; an occupier owes visitors a duty to keep premises reasonably safe. The same three-part test runs through road, workplace, public-place and clinical claims alike.

Because England and Wales form one jurisdiction, the statutes, courts and procedure described here are identical to those used in Wales. (Wales has some genuine practical differences — chiefly the Welsh language and a devolved NHS — which we cover on our making a claim in Wales page.) Scotland and Northern Ireland, by contrast, are separate jurisdictions with their own rules.

The time limit: three years under the Limitation Act 1980

The deadline for most personal injury claims in England is set by section 11 of the Limitation Act 1980. You usually have three years to issue a court claim, counted from either the date of the accident or your date of knowledge — the point at which you first knew, or reasonably should have known, that you had a significant injury connected to someone else's fault. The "date of knowledge" rule matters for conditions that emerge slowly, such as industrial disease or some clinical injuries.

The Official Injury Claim portal and the whiplash tariff

England's biggest procedural change in recent years came with the Civil Liability Act 2018, in force from May 2021. It created a fixed whiplash tariff — set compensation bands for soft-tissue neck, back and shoulder injuries from road traffic accidents — and a government-backed online service, the Official Injury Claim portal, for handling these lower-value motor claims. At the same time, the small-claims limit for road traffic injuries was raised to £5,000, which means many minor whiplash claims now fall below the threshold at which legal costs are usually recoverable.

The tariff and portal apply across England and Wales. They do not cover everything: more serious motor injuries, and non-road claims such as accidents at work or in public places, follow different routes. For non-road traffic personal injury, the small-claims limit remains £1,000. If your injury is anything more than minor, or liability is disputed, it is well worth speaking to a solicitor before using the portal alone.

Which court hears your claim

The civil courts of England & Wales sit behind the whole process, even though most claims never reach a hearing. The vast majority of personal injury cases are dealt with in the County Court. Higher-value or legally complex claims — for example catastrophic or life-changing injuries — may instead be issued in the King's Bench Division of the High Court. Before issuing, lower-value employers' liability and public liability claims usually pass through the MOJ Claims Portal under the relevant pre-action protocol, while low-value road traffic injuries go through the Official Injury Claim service.

The person bringing the claim is the claimant, and the party defending it (usually an insurer) is the defendant. As elsewhere in the UK, court is a last resort: the overwhelming majority of English claims settle by negotiation between the claimant's solicitor and the defendant's insurer long before any trial date.

What to do after an accident in England

The practical steps are similar wherever you are in England, and the sooner you take them the stronger your position:

• Get medical attention. See your GP, an NHS urgent treatment centre or A&E. Every region has an NHS emergency network and major trauma centres — among them the Royal London Hospital, the Queen Elizabeth Hospital in Birmingham, Leeds General Infirmary and the Royal Liverpool University Hospital. Your medical records are the foundation of any injury claim.
• Record the details. Photograph the scene, hazards and your injuries; note the date, time and conditions; and collect the names and contact details of any witnesses.
• Report it. Enter a workplace accident in the accident book; report a road collision to your insurer and, where the law requires, to the police.
• Keep your receipts. Track lost earnings, travel to appointments, treatment, prescriptions and care costs — these support the financial (special damages) part of your claim.
• Get advice early. A regulated solicitor can confirm whether you have a claim, explain funding, and tell you whether the Official Injury Claim portal or a solicitor-led route suits your case.

For a step-by-step overview that applies across England, see our general guide on how to make a claim and how compensation is calculated.

Funding and "no win, no fee" in England

Most injury claims in England run on a Conditional Fee Agreement (CFA) — the familiar "no win, no fee". If your claim does not succeed, you normally pay nothing for your solicitor's time; if it succeeds, the solicitor may charge a success fee, which by law is capped at 25% of your general damages and past financial losses in a personal injury case. Solicitors often arrange after-the-event (ATE) insurance to protect you against the other side's costs and certain expenses if things go wrong. Always ask for a written breakdown of exactly what would be deducted if you win. Our no win, no fee guide explains these arrangements in more detail.

Finding a regulated solicitor in England

We are not a law firm. We don't take on claims, sell leads or recommend particular firms — we point you to the official, free bodies you can trust. To check that a solicitor is genuinely regulated, use the Solicitors Regulation Authority (SRA), and to find an accredited personal injury specialist use the Law Society's "Find a Solicitor" service. For free, impartial help with your rights, Citizens Advice is an excellent starting point, and GOV.UK hosts official information on courts, time limits and the Official Injury Claim portal.

Frequently asked questions

Compare the other UK systems: making a claim in Scotland, in Wales, or in Northern Ireland. City-specific guidance is available for London, Manchester, Birmingham, Leeds, Liverpool, Bristol, Sheffield, Bradford, Newcastle, Nottingham, Leicester, Coventry, Stoke-on-Trent and Southampton.