The UK personal injury claim process runs through a recognised sequence: a free initial assessment, no-win-no-fee funding, a formal Letter of Claim under the Pre-Action Protocol, an independent medical report, and negotiation with the defendant's insurer. The defendant normally has up to three months to investigate after acknowledging the claim. Court proceedings are issued only if a settlement cannot be agreed, and around 95% of claims settle without a contested hearing.
If you have been injured in an accident that wasn't your fault, the idea of "making a claim" can feel vague and intimidating. In reality the process is a well-trodden path with defined stages, governed by the Civil Procedure Rules and a set of pre-action protocols designed to settle disputes early and fairly. This guide walks through each stage from the first phone call to the day your compensation lands, so you understand what is happening and why at every step.
One thing to be clear about: we are an independent information service, not a law firm. Nothing on this page is legal advice about your particular situation. For that you need an SRA-regulated solicitor who can review your evidence. If you would like the broader overview first, start with how to claim compensation and the homepage hub.
Stage 1: Free assessment — do you have a claim?
Almost every claim begins with a free, no-obligation conversation with a solicitor. The purpose is to establish whether you actually have a viable case in negligence. In English and Welsh law that turns on three building blocks: someone owed you a duty of care, they breached that duty, and that breach caused your injury (lawyers call the last point causation). A driver owes other road users a duty to drive carefully; an employer owes employees a safe system of work; an occupier owes lawful visitors reasonably safe premises.
The solicitor will also sense-check the basics: is the accident within the time limit, is there an identifiable defendant who is likely insured, and is the injury significant enough to be worth pursuing? Being partly to blame does not automatically end a claim — under contributory negligence your damages may simply be reduced by a percentage. Good evidence gathered early makes this assessment far easier.
⏳ The three-year limitation deadline
For most personal injury claims in England, Wales, Scotland and Northern Ireland you have three years from the date of the accident, or from your "date of knowledge" that the injury was linked to it, to issue court proceedings — set out in the Limitation Act 1980 for England & Wales. Miss the deadline and the claim is usually lost for good. Children have until their 21st birthday, and different rules apply for those who lack mental capacity. See our time limits guide for the exceptions.
Stage 2: Funding — the no-win-no-fee agreement
Once a solicitor is satisfied you have a claim, the next step is agreeing how it will be paid for. The overwhelming majority of personal injury claims are funded by a Conditional Fee Agreement (CFA) — the formal name for "no win, no fee". You pay nothing up front, and if the claim fails you normally pay your solicitor nothing for their time. If you win, a success fee is deducted from your compensation, capped by law at 25% of your general damages and past financial losses combined.
Most CFAs are paired with an After-the-Event (ATE) insurance policy, which protects you against having to pay the defendant's costs and certain disbursements if the claim does not succeed. Always insist on seeing the exact deductions in writing before you sign anything. Our no-win-no-fee guide explains each cost in detail.
Stage 3: The pre-action stage and Letter of Claim
Before any court case can start, both sides are expected to follow the Pre-Action Protocol for Personal Injury Claims, part of the Civil Procedure Rules. The aim is to put cards on the table early so that most disputes settle without litigation. The key document your solicitor produces is the Letter of Claim: a clear statement of how the accident happened, why the defendant is at fault, and a summary of your injuries and losses.
The Letter of Claim goes to the person at fault (the defendant) and, in practice, their insurer. The protocol gives the insurer a defined window to respond. After acknowledging the letter, the defendant has up to three months to investigate and confirm whether liability is admitted or denied. Following the protocol matters: a party that ignores it can face cost penalties later, even if it eventually wins on the substance.
💡 Why the pre-action stage works in your favour
The protocol forces the insurer to commit to a position on fault early. An admission of liability at this stage removes the single biggest source of delay and uncertainty, letting your solicitor focus on valuing the claim. Even a partial admission narrows the dispute. This is why a well-drafted Letter of Claim — not a rushed phone call — sets the tone for the whole case.
Stage 4: The Official Injury Claim and Claims Portal
Lower-value claims usually run through an online portal rather than the full protocol. Since the Ministry of Justice whiplash reforms came into force in May 2021, road-traffic injury claims worth up to £5,000 in injury damages are handled through the government's Official Injury Claim service, which uses fixed tariffs for whiplash injuries and is designed for people without a solicitor. Separately, the long-standing Claims Portal handles many employers' liability (EL) and public liability (PL) claims up to £25,000, as well as higher-value road claims.
These portals standardise the early steps, set strict timescales and reduce costs. Claims that are too valuable, too complex, or where liability is disputed drop out of the portal and proceed under the standard protocol instead. The table below shows where a claim typically starts.
| Route | Typical claim type | Value band |
|---|---|---|
| Official Injury Claim portal | Road-traffic injury (whiplash tariff) | Up to £5,000 injury damages |
| Claims Portal (RTA / EL / PL) | Workplace and public-place injuries, larger road claims | Up to £25,000 |
| Standard Pre-Action Protocol | Higher-value, serious or disputed claims | Above £25,000 or complex |
Stage 5: The independent medical report
Whatever the route, your injury must be documented by an independent medical expert — a process known as a medico-legal examination. An appropriately qualified doctor examines you, reviews your medical records and produces a report describing your injuries, your recovery so far and the likely prognosis. This report is the cornerstone of valuing the claim, because compensation for the injury itself is benchmarked against the Judicial College Guidelines and comparable past cases.
It is worth attending the appointment promptly and describing your symptoms honestly and consistently. If your injuries are still changing, the expert may recommend waiting until they have stabilised before giving a final prognosis, which protects you from settling too cheaply for an injury that turns out to be longer-lasting.
Stage 6: Negotiation, Part 36 offers and court
With liability resolved and the medical evidence in hand, your solicitor values the claim — combining general damages (for pain, suffering and loss of amenity) with special damages (your financial losses such as lost earnings, treatment, travel and care) — and opens negotiations with the insurer. You always decide whether to accept an offer.
A powerful negotiating tool here is the Part 36 offer, made under Part 36 of the Civil Procedure Rules. Either side can make one, and it carries real cost consequences: reject a reasonable Part 36 offer and fail to beat it at trial, and you may end up paying the other side's costs from when the offer expired. This pressure is one reason so many claims settle. The bands below give a feel for typical timescales.
| Scenario | Indicative timescale |
|---|---|
| Minor injury, liability admitted (portal) | 4–9 months |
| Moderate injury, some negotiation | 9–18 months |
| Serious or disputed injury, court proceedings issued | 2–3 years or longer |
Court proceedings are issued only when a fair settlement cannot be reached or to stop the three-year limitation clock. When a claim is issued, the court allocates it to a track according to its value and complexity. The track decides how much procedure — and how much cost recovery — applies.
| Track | Usual value band | Character |
|---|---|---|
| Small claims track | Injury element up to £1,500 (RTA) / £1,000 (other) | Simplest cases; limited costs recoverable |
| Fast track | Up to £25,000 | Straightforward claims, fixed recoverable costs |
| Intermediate track | £25,000–£100,000 | Newer track for mid-value, less complex claims |
| Multi-track | Above £100,000 or complex | Serious injuries; full case management |
Settlement, payment and interim payments
When a figure is agreed — or a judge awards one — the case settles. The defendant's insurer then has a defined period, usually around 14 to 28 days, to pay the agreed compensation to your solicitor, who deducts any success fee and ATE premium and forwards the balance to you. For claims involving a child or someone lacking capacity, the settlement must be approved by the court before it is paid.
For serious injuries, you do not always have to wait until the end. Where liability has been admitted and you are suffering financial hardship — for example, lost income or the cost of care and adaptations — your solicitor can request an interim payment: an advance on your eventual compensation paid before the claim concludes. Interim payments can be vital for keeping a household afloat during a long claim. To understand exactly what those final figures include, see what compensation covers.
The personal injury process is built to settle, not to litigate. Knowing the stages — and that the defendant must commit to a position on fault early — turns an intimidating system into a series of predictable steps.
Frequently asked questions
How long does the personal injury claim process take?
A simple claim where the defendant admits fault can settle within four to nine months, while serious or disputed injuries often take one to three years or longer. The two biggest factors are how quickly the defendant's insurer accepts liability and whether your injuries have stabilised enough for a final medical prognosis. Lower-value road-traffic claims handled through the Official Injury Claim portal can be quicker because the process is standardised.
What is the Pre-Action Protocol for Personal Injury Claims?
It is the set of steps the Civil Procedure Rules expect both sides to follow before any court case is issued. Your solicitor sends a Letter of Claim setting out what happened and why the defendant is at fault. The defendant's insurer then has 21 days to acknowledge it and up to three months from that acknowledgement to investigate and confirm whether liability is admitted or denied. Following the protocol encourages early settlement and helps avoid cost penalties later.
What is the Official Injury Claim portal?
The Official Injury Claim service is a government portal, introduced under the Ministry of Justice whiplash reforms in May 2021, for lower-value road-traffic injury claims worth up to £5,000 in injury damages. It lets unrepresented claimants progress a claim using fixed tariffs for whiplash. A separate Claims Portal handles many employers' liability and public liability claims up to £25,000. Higher-value or more complex claims fall outside these portals.
What is a Part 36 offer?
A Part 36 offer is a formal settlement offer made under Part 36 of the Civil Procedure Rules. Either side can make one. It carries cost consequences: if a claimant rejects a Part 36 offer and the court later awards the same or less, the claimant may have to pay the defendant's costs from the date the offer expired. Because of this, Part 36 offers are taken seriously and often drive a case to settle.
Do most personal injury claims go to court?
No. Around 95% of personal injury claims settle by negotiation without a contested court hearing. Court proceedings are usually issued only to protect the three-year limitation deadline or when liability or the value of the claim cannot be agreed. Even when proceedings are issued, most cases still settle before trial, and most claimants never give evidence in person.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited PI specialists
- Citizens Advice — free, impartial guidance on your rights
- GOV.UK — Official Injury Claim — the portal for small road-traffic claims