Injured in an Accident? Your Guide to Compensation Claims
If you’ve been injured because of someone else’s negligence, you may be entitled to compensation. Personal injury claims cover a wide range of accidents — from slips and falls to serious road collisions. This guide explains how compensation claims work in England and Wales.
What is a personal injury claim?
A personal injury claim is a legal process where you seek compensation from a person, business, or organisation whose negligence caused your injury. To succeed, you must prove:
- You were owed a duty of care
- That duty was breached
- The breach caused your injury
- You suffered a loss as a result
Common types of personal injury claims
- Road traffic accidents: Drivers, passengers, pedestrians, cyclists, or motorcyclists injured due to another road user’s negligence
- Accidents at work: Unsafe working conditions, lack of training, faulty equipment
- Public place injuries: Slips, trips and falls in shops, parks, pavements, or restaurants
- Medical negligence: Substandard healthcare causing harm
- Criminal injuries: Assaults and other violent crimes (via Criminal Injuries Compensation Authority)
Time limits
You must generally start a claim within 3 years of the accident or of realising your injury was caused by someone else’s negligence.
Exceptions include:
- Children: Claim can be made up until their 21st birthday
- Mental capacity: No time limit while capacity is lacking
- Fatal claims: 3 years from the date of death or knowledge that negligence caused death
What can you claim for?
General damages
- Pain and suffering
- Loss of amenity (reduced quality of life)
- Psychological harm (e.g. PTSD, depression)
Special damages
- Loss of earnings (past and future)
- Medical treatment and rehabilitation costs
- Travel expenses
- Care and assistance (professional or unpaid)
- Equipment or home adaptations
- Damage to property
Every case is different. A solicitor will calculate your total losses and work with medical experts to assess your injury’s impact.
How to start a claim
- Seek medical attention: Always prioritise your health. Medical records are crucial evidence.
- Report the incident: To the police (for road accidents or crimes), your employer, or the premises owner.
- Gather evidence: Take photos, note witness details, save receipts and accident reports.
- Contact a solicitor: Choose a personal injury specialist. Most offer free initial advice.
- Funding the claim:
- Most use “no win, no fee” agreements (Conditional Fee Agreements)
- Legal expenses insurance may also cover costs
- Letter of claim: Your solicitor notifies the person or organisation responsible and starts the legal process.
- Investigation and medical evidence: Experts assess your injuries and prognosis.
- Negotiation and settlement: Most claims settle out of court through negotiation or mediation.
- Court proceedings: Rarely needed, but issued if no agreement is reached. The court decides liability and compensation.
How much compensation will I get?
There’s no fixed amount. Compensation depends on:
- Type and severity of the injury
- How long recovery takes
- Long-term impact on your life and work
- Financial losses you’ve suffered
Solicitors use guidelines from the Judicial College and previous case law to estimate general damages.
Claiming on behalf of someone else
You can claim as a “litigation friend” if the injured person:
- Is a child under 18
- Lacks mental capacity
In fatal cases, the estate or close family members may be able to claim for:
- Bereavement damages
- Funeral costs
- Loss of dependency
Will I have to go to court?
Probably not. Most personal injury claims settle out of court. If a trial is needed, your solicitor will support you throughout.
Disclaimer
This article provides general information about personal injury claims in England and Wales as of April 2025. It is not legal advice, and laws can change. Your individual circumstances may affect how the law applies to your situation.
Think you may have a claim?
Find a personal injury solicitor on Advocate today.