The pre-action protocol for injury claims

People often picture an injury claim as a courtroom battle, but the reality is that the great majority settle through a structured pre-court process. That process is governed by the pre-action protocols, which set out who does what, and when, before any judge is involved. Understanding them demystifies the whole claim.

One thing to be clear about from the outset: we are an independent information service, not a law firm and not a firm of solicitors. Nothing here is legal advice about your own situation. For that, speak to an SRA-regulated solicitor or use the official sources we signpost below.

What a pre-action protocol is

The pre-action protocols are part of the Civil Procedure Rules and set out the steps the courts expect parties to take before issuing proceedings. Their aim is to encourage early exchange of information, narrow the issues, and promote settlement without going to court. For personal injury there are several, including the general Pre-Action Protocol for Personal Injury Claims and dedicated low-value protocols for road-traffic and for employers' and public liability claims. The right protocol depends on the type and value of the claim — see our claim process guide.

The letter of claim

The process usually starts with a letter of claim (or, in the low-value schemes, a claims notification form) sent to the person or organisation you say is at fault, and their insurer. It sets out what happened, why they are responsible, and the injuries and losses you have suffered. A clear, well-evidenced letter focuses the defendant's mind and sets the tone for the claim. In low-value road-traffic claims this step is handled through the OIC portal rather than a traditional letter.

The defendant's response period

Once notified, the defendant (in practice their insurer) is given a set period to investigate and respond on liability — to admit fault, deny it, or admit it in part. The exact timescales depend on which protocol applies; the low-value schemes have short, fixed windows, while the standard protocol allows longer for more complex claims. If liability is admitted, the claim moves on to valuing your injuries and losses (and an interim payment may become possible). If it's denied, the dispute may eventually head towards court.

Exchanging evidence and medical reports

The protocols encourage the parties to share key information early rather than ambush each other later. You'll obtain medical evidence and put together a schedule of your losses; the defendant may seek its own evidence and documents. This open, cards-on-the-table approach helps both sides assess the claim realistically, which is why so many settle before proceedings are issued. Strong evidence at this stage is what produces fair early offers.

Why most claims settle at this stage

Because the protocol forces an early, evidenced exchange and the parties can weigh their positions, the vast majority of injury claims settle before ever reaching a courtroom. Negotiation, and formal tools like Part 36 offers, usually resolve matters. Going to court is the exception, reserved for cases where liability or value genuinely can't be agreed — see going to court. Following the protocol properly matters: a party that ignores it can face costs penalties even if it ultimately wins.

Frequently asked questions