If you have been injured in an accident that wasn’t your fault, you may be wondering how to start a personal injury claim in the UK.
The process can feel overwhelming but with the right guidance, it is often more straightforward than people expect.
In most cases, you can claim compensation for your injuries, financial losses, and the impact on your daily life. Acting quickly is important, as strict time limits apply to most claims.
In this step-by-step guide, we explain exactly how to start a personal injury claim in the UK, what evidence you will need, and how our specialist team can support you every step of the way.
What Is a Personal Injury Claim?
It is a legal process by which you can seek financial compensation after suffering physical or psychological harm in an accident that wasn’t your fault.
Common claims include Road traffic accidents, Workplace accidents, Public liability claims and Medical negligence.
Who Can Start a Personal Injury Claim in the UK?
For your claim to be successful and for you to be awarded compensation, it is necessary to prove that the other party (‘the Defendant’) has been negligent and breached their duty of care to you and secondly, that such a breach in the duty has caused you to suffer personal injuries. Unfortunately, the fact that you were injured through no fault of your own is not enough.
The law requires you, as the person bringing the claim, to prove these elements ‘on the balance of probabilities’ which means you need to show that it was more likely than not that the Defendant breached their duty of care to you and that the injuries that occurred were caused by their breach of duty.
Step-by-Step: How to Start a Personal Injury Claim
1. Seek Medical Attention Immediately
This is important for your own health and to have an official record as evidence in support of your claim.
2. Report the Incident
You should inform your employer, the police, or the property owner as soon as practicable.
3. Gather Evidence
Wherever possible, take clear photos of the scene, hazards and your injuries, collect any witness details, and request copies of any accident reports.
Gather and save proof of any financial losses such as receipts and wage slips.
4. Contact a Personal Injury Solicitor
Consult a solicitor early on to protect any critical evidence such as CCTV footage, witnesses and changes in the accident location conditions. You also need to bear in mind that most UK claims must start within three years of the accident.
Funding Your Claim (No Win, No Fee)
The first step is to enter into a Conditional Fee Agreement – often known as the “No Win No Fee Agreement”.
If you are successful in your claim, your solicitor will recover some costs from the Defendants. Your solicitor will also charge you a success fee capped at no more than 25% of your compensation which is irrecoverable from the Defendant. In addition to this they will charge for the cost of the After the Event insurance premium which cannot be claimed from the Defendant.
Your Solicitor Starts the Claim
To get your claim underway your solicitor will need to send the proposed defendant either a Letter of Claim or submit a Claim Notification Form (CNF) which contains a clear summary of your accident and the injuries suffered and financial loss incurred. Which method is used will depend on the type of claim you are starting.
The defendant/defendant insurers then have up to 3 months to investigate liability and confirm whether liability is admitted or denied. If liability is denied, the defendant must provide reasons why, and copies of all relevant documents in support of that decision.
How Long Do I Have to Start a Personal Injury Claim?
Personal injury actions are governed by the Limitation Act. Briefly this means that you must either settle your claim within 3 years of the date of the accident or Court proceedings must be issued. If court proceedings are not issued in time, then you are more than likely to be barred from pursuing your claim further, unless you can show exceptional circumstances.
The limitation period does not begin to run where the Claimant is a child, until the child is 18. There is no limitation period for a Claimant who does not have the requisite mental capacity.
How Much Compensation Could I Receive?
Provided that you can establish that your opponent was at fault for your accident, you will be able to claim general damages for your pain and suffering and special damages for any financial expenses or losses you have incurred.
General Damages
Your solicitor will need to instruct a medical expert to examine you and prepare a medical report dealing the injuries you sustained which were caused by the accident. The expert is asked to comment on any treatment and will address a prognosis for the future. The medical expert must be suitably qualified to prepare medico-legal reports.
This report provides crucial medical evidence which enables your solicitor to value your claim for the injuries you have suffered. There are no set figures for valuing injuries, but they are assessed by reference to guidelines released by a panel of judges and to previous court awards in cases of injuries and restrictions similar to your own.
Special Damages - Out of pocket expenses/financial losses
In addition to compensation for injuries, you are entitled to claim for financial losses you incur as a result of the accident and also any further losses you may suffer in the future.
These can include loss of earnings, medical expenses, cost of travelling expenses, cost of damaged or lost items, care and assistance provided to you etc. You will need to prove these losses to the defendant and therefore will need to retain all documentation in support of such losses.
How Long Does a Personal Injury Claim Take
Personal Injury claims could take anywhere between a few months to a few years to resolve. A specific timeline will depend on the individual circumstances of the case, including the severity of your injuries and duration of your recovery, and whether the opposing party accepts responsibility.
How Timms Can Help
Starting a personal injury claim in the UK does not have to be complicated. By seeking medical attention, gathering evidence, and obtaining early legal advice, you can put yourself in the strongest possible position to secure compensation for your injuries and financial losses. Acting promptly is essential due to strict time limits, and having the support of an experienced solicitor can make the process far more straightforward and less stressful.
If you have been injured and believe someone else was at fault, our specialist personal injury team are here to help.
Contact us on freephone 0800 011 6666 or at legal@timms-law.com for a free, no-obligation consultation and find out how we can support you in starting your claim with confidence.
Frequently Asked Questions
Can I make a personal injury claim if the accident was partly my fault?
Yes, you may still be able to claim compensation if you were partly responsible for the accident. This is known as contributory negligence, and any compensation awarded may be reduced to reflect your share of the responsibility.
What evidence do I need to start a personal injury claim?
The strongest claims are supported by evidence such as medical records, photographs of the accident scene and injuries, witness contact details, accident reports, and receipts or wage slips showing any financial losses resulting from the accident.
3. Do I need a solicitor to make a personal injury claim?
While you are not legally required to use a solicitor, obtaining expert legal advice can significantly improve your chances of a successful outcome. A specialist solicitor can gather evidence, value your claim accurately, negotiate with insurers, and guide you through the legal process.
4. What happens if the other party denies responsibility for my accident?
If liability is denied, your solicitor will review the evidence, obtain any additional expert reports if needed, and advise you on the strength of your case. Many claims can still be resolved through negotiation or, if necessary, court proceedings.
5. Will I have to attend court for a personal injury claim?
Most personal injury claims are settled without the need for a court hearing. If court proceedings become necessary, your solicitor will prepare you throughout the process and represent your interests every step of the way.
6. What can I claim compensation for after an accident?
You may be able to claim compensation for your pain and suffering, loss of earnings, medical treatment costs, travel expenses, rehabilitation, care provided by family or professionals, and other financial losses directly resulting from your injury.
