Here’s a full breakdown of the conversation, from the basic definition of a personal injury claim through to time limits, damages, and why so many people still choose to use a solicitor even when they don’t have to.
The Short Answer
A personal injury claim arises where you’ve had an accident that wasn’t your fault and, as a result, sustained an injury, physical or psychological. Claims can arise from road traffic accidents, accidents at work, public liability (such as a trip on a pavement), occupiers’ liability (private land), and even incidents involving animals straying onto the road. You generally have three years from the date of the accident to claim (three years from your 18th birthday if you were a minor at the time). Compensation is split into general damages (for pain, suffering and loss of amenity) and special damages (quantified financial losses, such as loss of earnings and expenses). Evidence, from medical records to witness details and CCTV, is central to every type of claim.
What Is a Personal Injury Claim?
At its core, the definition is simple, even if real cases rarely feel that way.
“A claim for personal injury is a claim that arises where you’ve had an accident that wasn’t your fault, as a result of which you have sustained some sort of injury.”
It can happen in circumstances that sound almost implausible until they happen to you, such as a loose sign falling from a shop forecourt.
For a broader look at the claims process, see our Personal Injury Claims service page
What Types of Personal Injury Claim Are There?
Personal injury claims are generally categorised by how and where the accident happened.
- Road traffic accidents, the most common type, covering cars, motorbikes, bicycles, pedestrians, buses and taxis
- Accidents at work (employers’ liability)
- Public liability, such as a trip or slip on a pavement or road
- Occupiers’ liability, accidents on privately owned property, such as a car park
- Animal-related claims, such as a collision caused by livestock straying onto the road
“If it’s not your fault, then the implication is you can claim for your losses from the other side, which would be the person that ran into you or caused you to have the injury.”
Road Traffic Accidents
Fault is the starting point for any road traffic accident claim. Passengers, for example, are generally not at fault simply because they weren’t driving.
Motorcyclists
Motorcycle accidents tend to produce more severe injuries. A common scenario is a vehicle pulling out of a side road into a motorcyclist’s path, or pulling out while the motorcyclist is overtaking.
“With the nature of the beast, if you fall off your motorcycle or you’re hit by a car, then the injuries tend to be more severe, and we can be talking quite catastrophic injuries in those cases.”
Minor Collisions
At the other end of the scale sit more minor collisions, such as a rear-end shunt at a junction, which tend to result in less severe injuries like whiplash, backache or shoulder pain. These claims are lower in value but still legitimate.
Car Parks and Private Land
Most road traffic accidents happen on roads covered by the Highways Act, but accidents in car parks can be treated slightly differently. It’s still often possible to claim, but this depends on the circumstances, so it’s worth seeking legal advice if your accident happened on private land.
Accidents at Work
Workplace accidents range from serious incidents, such as falls from height or scaffolding, to more everyday ones, like tripping over something left in a walkway or slipping on stairs that were mopped without a warning sign.
“The basic rule is that if you have sustained an injury at work, and it wasn’t your fault, and you think that your employer may be in some way liable, then that could constitute a claim for compensation.”
Documenting a Workplace Accident
Reporting the accident matters. It should be recorded in the workplace accident book, and it’s worth asking for a copy rather than assuming a supervisor has logged it. Seeking medical attention as soon as possible is also important.
Public Liability and Occupiers’ Liability
These two categories are often confused, but the distinction comes down to who owns the land.
“The difference tends to be that occupiers’ liability is on private land, whereas public liability, as the name suggests, will be on public land, which is usually owned by the local authority.”
Public liability claims are commonly trip or slip cases, caused by things like potholes or a raised kerbstone. Occupiers’ liability covers similar accidents but on private land, such as a car park, or other incidents like a loose sign falling from a building, which is often the result of poor or absent maintenance.
Animal-Related Claims
A less common but genuine category involves accidents caused by farm animals straying onto the road, often through a gap in fencing or a gate left open. Farmers have a legal obligation to keep animals secure, and a claim may be possible where that obligation isn’t met.
“Farmers do have a legal obligation to ensure that farm animals are kept in secure environments so that they don’t stray out onto the road where they can cause injury.”
Pedestrians and Cyclists
Pedestrian accidents tend to result in more extensive injuries, since pedestrians have no protection from a vehicle. These claims can also involve cyclists, and liability isn’t always clear-cut.
“It’s not always that it’s the cyclist at fault for hitting the pedestrian. … It would be quite common for there to be what we call a split liability decision on that.”
In a split liability case, fault is apportioned between both parties, and both may be able to recover compensation, depending on the degree of liability found.
Why Evidence Matters So Much Here
Where liability is disputed, evidence becomes essential.
“The evidence is key to these kind of claims. So, at the scene of the accident, if there are people there who saw what happened, it’s important to get their details so that we can contact them later on.”
Police accident reports, witness interviews, and CCTV, including from buses or roadside cameras, can all support a claim. If a claim involves a more severe injury, it’s likely the police will already hold detailed records that can be requested later.
An Example of a Catastrophic Injury Claim
To illustrate the far end of the scale, the episode discusses a case the firm recently settled: a motorcyclist knocked off his bike by a car pulling out of a side road, resulting in a leg amputation.
“He actually ended up having his leg amputated, so quite nasty injury, and then obviously far-reaching effects on his life, his ability to work. … That particular claim, in the end, was worth millions of pounds.”
What drives the value in a case like this isn’t the injury alone, but its far-reaching effect on someone’s ability to live and work as they otherwise would have.
“A lot of the value of the claim is tied up in the future losses, which would be things like the future loss of earnings. … It’s not the injury itself … it’s because of the far-reaching effects that that injury will have on you and your ability to conduct your life normally.”
Working out future loss of earnings, particularly for someone young who hadn’t yet established their career, is complex, and expert input is generally required.
Time Limits for Personal Injury Claims
“In personal injury cases, you’ve got three years from the date of the accident to bring your claim. In most cases, if you are a minor at the time of the accident, that’s under the age of 18, you’ve got three years from your 18th birthday in which to bring the claim, and those are reasonably strict time limits.”
Special circumstances can sometimes allow a claim outside these limits, but they’re the exception rather than the rule. Beyond the legal deadline, acting sooner also helps preserve evidence and keeps witnesses’ memories fresher and more reliable.
For a broader look at the time process, see our Personal Injury Claims Guide
General Damages vs Special Damages
Compensation is split into two categories, each valued differently.
General Damages
“General damages will be the compensation that you receive for your injury. So that relates to the compensation that’s difficult to calculate. So it’s unquantified effectively, and that is the compensation for the pain and suffering and the loss of amenity.”
Valuing general damages draws on guidelines and case law from previous decisions, which is where a solicitor’s experience matters.
Special Damages
“Special damages are then what we would call quantified losses.”
These are the financial losses that can be calculated more precisely, including:
- Loss of earnings, including lost profit for the self-employed, calculated against what would otherwise have been earned
- Treatment costs, such as prescriptions or medication
- Equipment, such as prosthetic limbs, including future replacements
- Travel expenses, such as taxis to medical appointments if you can’t drive
- Damaged property, such as clothing
What Documentation Do You Need?
Across every type of claim, one theme comes up repeatedly: proof.
“In an injury claim, the most important thing really is the record of the injury.”
This might include an accident book entry, a GP or A&E record, medical records more generally (to establish what is and isn’t linked to the accident), witness statements, and CCTV footage where available.
“Proof is key. The more you can prove with evidence and not just your word, the better and the easier it is for you to claim.”
Pre-Existing Conditions
A pre-existing condition doesn’t automatically rule out a claim, but it does need to be carefully separated from what’s actually attributable to the accident.
“It will be important to identify what symptoms you have, which are a result of the accident, and what symptoms you’ve had … regardless of the accident.”
Where an existing condition has been made worse (exacerbated) by the accident, that can also form part of the claim. A medical expert who specialises in medico-legal reports will typically assess this and give an opinion used to help value the claim.
Can You Claim for Psychological Injuries?
Mental injuries, such as PTSD, anxiety or paranoia, can also be compensated, provided the link to the accident can be established.
“If you’ve had a physical injury and you’ve also sustained a psychological injury as a result of the accident, and you can establish and prove that the psychological injury is linked to the accident in some way, then yes, that is also compensatable.”
This usually involves a psychological assessment, particularly where a pre-existing condition needs to be separated from what’s been caused or worsened by the accident. The key practical step is telling your solicitor about it, so a referral can be made to a relevant expert.
What Does a Solicitor Actually Do in a Personal Injury Claim?
The process is often more complex than it first appears, which is where a solicitor’s experience helps: avoiding missed information, making sure you claim everything you’re entitled to, and taking on the burden of dealing with the other side and any insurers.
“If you’ve had an injury and you’re not feeling great and you’re trying to recover from your injury, probably the last thing you want to do is think about tackling this process as well, and so you can let someone else have that headache for you.”
The episode also references the Ministry of Justice’s online portal, introduced for simpler road traffic accident claims so people could bring a claim themselves without a solicitor, noting that costs aren’t recoverable through that portal if you do choose to use one.
“So far, 90% of people using that portal are still using legal representation, and only 10% are doing it themselves.”
Frequently Asked Questions
A claim that arises where you’ve had an accident that wasn’t your fault, resulting in an injury, physical or psychological.
Common types include road traffic accidents, accidents at work, public liability claims (public land), occupiers’ liability claims (private land), and claims arising from incidents involving animals.
Generally three years from the date of the accident, or three years from your 18th birthday if you were under 18 at the time.
General damages cover pain, suffering and loss of amenity, and are harder to quantify. Special damages are quantified financial losses, such as loss of earnings, treatment costs and travel expenses.
Potentially, yes. What matters is separating symptoms caused by the accident from your existing condition, and considering whether the accident made that condition worse.
Yes, provided you can establish and prove the psychological injury is linked to the accident, usually through a psychological assessment.
It isn’t always a legal requirement, but a solicitor can help you navigate what can be a complex process, make sure you claim everything you’re entitled to, and deal with the other side or their insurer on your behalf.
Ready to Take the Next Step?
Speak to our team today, do it sooner rather than later, and let us guide you through the process.
Conclusion
A personal injury claim can look straightforward from the outside, an accident, an injury, a claim, but as this episode shows, there’s a lot more to it: the type of claim, the evidence involved, how pre-existing conditions and psychological injuries are treated, and how compensation is actually calculated. If you’ve had an accident that wasn’t your fault, the best next step is simply to get advice as soon as you can.