Author: mcpicadofelipe

Personal Injury

Interim Payments in Personal Injury Claims — What Are They and Can I Get One

Post author By mcpicadofelipe
Post date 3 June 2026

LEGAL GUIDE · ENGLAND & WALES

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Personal injury claims can take months or years to settle. In the meantime, you may be off work, facing medical bills, requiring paid care, or needing to adapt your home. An interim payment is a payment made to you before your claim finally settles — a payment on account of the compensation you are expected to receive — so that you do not have to wait for the full settlement process to access funds you genuinely need.

This guide explains what interim payments are, when you can get one, how much you can receive, and how the process works.

In plain English: An interim payment is not an advance loan — it is part of your final compensation paid early. Whatever you receive as an interim payment is simply deducted from your total award at the end. You never pay it back.

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What Is an Interim Payment?

An interim payment is a sum of money paid to a claimant by the defendant (or their insurer) before the claim is fully resolved. It is governed by Part 25 of the Civil Procedure Rules (CPR). The payment is made on account of the damages that will ultimately be awarded or agreed — it does not prejudge the final outcome but acknowledges that you are likely to receive at least that amount in the end.

Interim payments can be made voluntarily, by agreement between the parties, or can be ordered by the court on a formal application. Multiple interim payments can be made throughout the life of a claim as your needs change.

When Can You Get an Interim Payment?

Under CPR Part 25, a court can order an interim payment if one of the following conditions is met:

The defendant has admitted liability — the clearest route to an interim payment
The claimant has obtained judgment for damages to be assessed — liability has been decided but quantum is still being determined
The court is satisfied that, if the case went to trial, the claimant would obtain judgment for a substantial sum against the defendant — even where liability has not yet been formally admitted

The third condition means that even in disputed cases, an interim payment may be available if the evidence strongly supports your claim and it is clear you will succeed. Your solicitor will advise whether this threshold is likely to be met in your case.

When Are Interim Payments Most Useful?

Interim payments are particularly valuable where:

You Are Off Work

If your injuries have prevented you from working and your sick pay has run out, an interim payment can bridge the gap, covering your loss of earnings while the full valuation of your claim — including future losses — is being calculated.

You Have Ongoing Medical or Rehabilitation Costs

Private physiotherapy, specialist consultations, surgery, or psychological therapy can be expensive. An interim payment allows you to access rehabilitation without waiting for the claim to settle, which also benefits your recovery and may ultimately reduce the overall value of your claim by accelerating your return to work.

You Need Care at Home

If your injuries mean you need professional care, or if family members have had to give up work to care for you, an interim payment can fund those arrangements. Courts are generally sympathetic to interim payment applications made to support genuine care needs.

You Need to Adapt Your Home or Vehicle

Where a serious injury has affected your mobility, interim funds can pay for essential adaptations — wheelchair ramps, stairlifts, adapted bathrooms, or a modified vehicle — so that your quality of life is not on hold while the claim proceeds.

Think you might need an interim payment while your claim is ongoing? Ask NJS Law — we will assess whether you qualify and apply on your behalf. Speak to a solicitor.

How Much Can You Receive as an Interim Payment?

There is no fixed maximum, but the court will not order an interim payment of more than a reasonable proportion of the likely final damages. In practice, this usually means the court will consider what the minimum likely award at trial would be — and order something less than that figure to avoid the risk of overpaying.

For example, if your total claim is likely to be worth £150,000 and liability is admitted, the court might order an interim payment of £60,000 to £80,000 — enough to meet your immediate needs while preserving headroom for the final negotiation. Your solicitor will prepare a detailed Schedule of Loss to support the application, demonstrating your actual and projected losses.

Multiple payments: You are not limited to one interim payment. As your needs change — further surgery becomes necessary, your care requirements increase, or you face additional financial losses — your solicitor can return to court or negotiate with the insurer for further interim payments. The total of all interim payments is deducted from your final award at settlement.

Do You Have to Go to Court to Get an Interim Payment?

Not necessarily. In many cases, particularly where liability has been admitted and the need is clear, a defendant’s insurer will agree to make an interim payment voluntarily, without any court application. This is often quicker and less expensive than a formal application.

If the insurer refuses or offers an inadequate amount, your solicitor can issue a formal application under CPR Part 25. The court will consider the application and, if satisfied that the conditions are met and the amount is reasonable, will make an order.

Does an Interim Payment Affect Your Final Compensation?

An interim payment is deducted from your final award at the point of settlement or judgment. It is not additional money — it is part of your compensation paid earlier. It does not affect the total amount you are entitled to, only the timing of when you receive it.

For a guide to how your final compensation is calculated, see: General Damages vs Special Damages — What Is the Difference?.

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Frequently Asked Questions

What is an interim payment in a personal injury claim?

An interim payment is a payment on account of your final compensation made before the claim settles. It is governed by CPR Part 25. The amount you receive as an interim payment is simply deducted from your total award at the end — it is not extra money and you do not pay it back.

Can I get an interim payment if the defendant hasn’t admitted liability yet?

Yes, in some circumstances. A court can order an interim payment even without an admission of liability if it is satisfied that you would obtain judgment for a substantial sum at trial. This requires strong evidence in support of your claim. Your solicitor will advise whether the threshold is likely to be met in your case and whether it is worth making a formal application.

How long does it take to receive an interim payment?

If the defendant’s insurer agrees voluntarily, payment can be received within a few weeks of the request. If a court application is required, the timeline depends on court availability — typically 4 to 8 weeks from the date the application is issued. Your solicitor will keep the process moving as quickly as possible.

How much can I receive as an interim payment?

Courts will not order more than a reasonable proportion of the likely final award — typically somewhere between a third and two-thirds of the expected total, depending on the certainty of liability and the strength of the quantum evidence. Your solicitor will prepare a Schedule of Loss to support the application, setting out your actual financial needs.

Can I get more than one interim payment?

Yes. There is no limit on the number of interim payments you can receive. As your circumstances change — additional surgery, increased care needs, further lost earnings — your solicitor can negotiate further payments with the insurer or return to court for additional orders. All payments are deducted from the final award.

This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.

For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s personal injury claims service page.

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Tags Personal Injury, personal injury claim, personal injury claims

Road Traffic Accident

Bus and Train Accident Claims: Your Rights as a Passenger

Post author By mcpicadofelipe
Post date 3 June 2026

LEGAL GUIDE · ENGLAND & WALES

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Millions of people travel by bus and train every day in England and Wales. The vast majority of journeys are uneventful — but accidents do happen. Whether you were injured in a collision, thrown forward by sudden braking, fell on a wet bus step, or slipped on a train platform, you may be entitled to compensation from the transport operator responsible.

This guide explains who is legally responsible, what you can claim, and how to pursue your rights as a passenger — on a No Win, No Fee basis.

Key principle: Operators of buses, coaches, and trains owe their passengers a duty of care. As a paying passenger, you have a higher level of legal protection than, for example, someone using a public space. The operator must take all reasonable steps to ensure your safety — not just to avoid obvious hazards.

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Bus and Coach Accident Claims

Bus and coach operators have a duty of care to their passengers under the law of negligence and under the Occupiers’ Liability Act 1957, which applies to the vehicle as a premises. Liability may arise from:

The driver’s negligent driving — excessive speed, harsh braking, failing to check the road
A collision with another vehicle where the other driver was at fault — a claim against the other driver’s insurer
A wet, slippery, or defective floor or steps on the vehicle
Defective handrails, grab poles, or seating
Failure to wait for passengers to be seated before moving off
A dangerous bus stop environment (poorly maintained shelter, uneven surface) — potentially a claim against the local council

Bus and coach operators are required to hold third-party passenger liability insurance under the Road Traffic Act 1988, so there will always be an insurer to claim against.

What If the Bus Was Operated by a Local Council?

Many local bus services are operated directly by or on behalf of local councils. A claim against a council-operated bus service follows the same process as a claim against a private operator — the council’s insurer responds to the Letter of Claim.

What If the Accident Involved Another Vehicle?

If the bus was involved in a collision caused by another driver, you as a passenger can claim against either the bus operator (if the driver was partly at fault), the other driver’s insurer, or both. Your solicitor will investigate liability and identify the correct defendant or defendants.

Train Accident Claims

Who Is Liable?

The railway network in England and Wales involves multiple parties:

Train Operating Companies (TOCs) — the franchised operators who run passenger services (e.g. Avanti West Coast, Southeastern, Northern) are responsible for the safety of passengers on their trains and at staffed stations
Network Rail — responsible for the railway infrastructure including tracks, signals, and many stations. Where an infrastructure failure causes an accident, Network Rail may be liable
Station operators — for slips, trips, and falls at stations, liability rests with whoever manages that station

All railway operators are subject to extensive safety obligations under the Railways and Other Guided Transport Systems (Safety) Regulations 2006 and are regulated by the Office of Rail and Road (ORR). A serious accident on the railway is also typically investigated by the Rail Accident Investigation Branch (RAIB), whose reports can provide valuable evidence in a civil claim.

Common Types of Railway Passenger Injury

Falls caused by the train moving before passengers have boarded or alighted safely
Injuries caused by sudden, unexpected braking or acceleration
Slip and trip accidents on wet or poorly maintained station platforms and walkways
Injuries caused by defective or poorly maintained carriages — stuck doors, broken seating, damaged luggage racks
Platform gap injuries — falling between the train and the platform edge
Collisions and derailments — the most serious category

Report and preserve evidence: After any accident on public transport, report it to the operator immediately and ask for an incident report number. For train accidents, tell a member of staff before leaving the station if possible. CCTV footage from vehicles and stations is held for a limited period — typically 30 days — so acting quickly is essential.

What About Accidents at Bus Stops or Train Stations?

Not all transport-related injuries happen on the vehicle itself. Accidents at bus stops and train stations are common, and liability depends on who controls the relevant area:

A slip on a wet station platform managed by the train operator or Network Rail — claim against that party
A trip on a defective pavement immediately outside a station — potentially a claim against the local highway authority under the Highways Act 1980
An injury in a privately managed station car park — claim against the car park operator under the Occupiers’ Liability Act 1957

For more on slip and trip claims generally, see: Slip, Trip and Fall Claims: Your Complete Compensation Guide.

How Much Compensation Can You Claim?

Compensation in bus and train accident claims follows the same framework as all personal injury cases — general damages for the injury and special damages for financial losses. Values are taken from the Judicial College Guidelines (18th edition, April 2026).

Injury	Approximate Range
Minor soft tissue injury (full recovery within 3 months)	Up to £3,150
Wrist fracture — complete recovery	£3,530 – £5,870
Shoulder injury — serious	£19,200 – £48,030
Back injury — moderate (disc lesion, lasting symptoms)	£27,760 – £38,780
Knee injury — moderate	£14,840 – £26,190
Hip or pelvis fracture — significant	£39,170 – £52,500
Moderate brain injury	£90,720 – £150,110
Moderate PTSD / psychological injury (good recovery)	£9,980 – £21,730

In addition to general damages, you can claim all financial losses including lost earnings, medical and rehabilitation costs, travel to appointments, and care costs. For a full guide to compensation amounts, see: Average Personal Injury Compensation Payouts in the UK.

What Evidence Do You Need?

Incident report number — always report the accident to the operator before leaving and obtain a reference number
CCTV preservation request — write to the operator immediately asking them to preserve all CCTV from the vehicle, station, or platform at the date and time of your accident
Witness details — names and contact numbers of other passengers or staff who witnessed the accident
Photographs — of the scene, any defect or hazard, and your injuries
Medical records — attend A&E or your GP promptly and describe exactly how the accident happened
Receipts — your ticket or proof of travel, and any costs arising from your injury

Time Limit for Bus and Train Accident Claims

The standard three-year limitation period under the Limitation Act 1980 applies. You have three years from the date of the accident to issue court proceedings. Exceptions apply for children (three years from their 18th birthday) and those lacking mental capacity. Do not delay — evidence held by transport operators deteriorates quickly. For full details: Personal Injury Claim Time Limits in England and Wales.

No Win, No Fee Motorbike Accident Claims

NJS Law handles all public transport accident claims on a No Win, No Fee basis. You pay nothing to start your claim. If your claim is unsuccessful, you owe nothing. If you win, a success fee — agreed with you in advance — is deducted from your compensation. You bear no financial risk in finding out whether you have a claim.

FREE, NO-OBLIGATION ASSESSMENT

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Frequently Asked Questions

Can I claim compensation if I was injured on a bus?

Yes. Bus operators owe a duty of care to their passengers and must hold passenger liability insurance under the Road Traffic Act 1988. If the operator’s negligence — through the driver’s actions, a defect on the vehicle, or unsafe conditions — caused your injury, you can make a claim against their insurer. NJS Law handles bus accident claims on a No Win, No Fee basis.

Who do I claim against if I’m injured on a train?

It depends on the cause of your injury. Claims for passenger accidents on trains are usually made against the Train Operating Company. Claims involving infrastructure failures, track defects, or station maintenance issues may involve Network Rail. In some cases both parties share liability. Your solicitor will identify the correct defendant or defendants and manage the claim accordingly.

What if I was injured by sudden braking or acceleration on a bus or train?

Operators have a duty not to cause sudden, foreseeable movements that injure standing or unseated passengers. If the braking or acceleration was unnecessary, excessive, or caused by driver error, you may have a strong claim. Evidence of what caused the sudden movement — CCTV, the operator’s incident report, and witness accounts — will be central to establishing liability.

Can I claim if I slipped getting on or off a bus?

Yes. The steps, boarding area, and interior floor of a bus are the operator’s responsibility. If a wet, poorly maintained, or defective step or floor caused your slip, the operator may be liable. This type of claim is common and, with the right evidence, can be successfully pursued.

How long does a bus or train accident claim take?

Most straightforward bus and train passenger injury claims resolve within 9 to 18 months where liability is not seriously disputed. Cases involving serious injury, multiple defendants (e.g. Train Operating Company and Network Rail), or disputed liability can take 2 to 3 years. Your solicitor will give you a realistic estimate based on the specifics of your case.

Does it matter that I did not have a ticket?

For injury claims, the existence of a valid ticket is largely irrelevant to liability. The operator owes a duty of care to everyone on or boarding their vehicle, whether or not they have paid a fare. However, if you were trespassing — for example, accessing the railway without any intention of travelling — the position may be different and you should seek specific legal advice.

This article is for general information only and does not constitute legal advice. Figures are subject to change by statutory instrument — verify the current tariff before relying on them.

For advice on your specific circumstances, please contact NJS Law directly.

For a full overview of public transport accident claims, including eligibility, time limits and the claims process, see NJS Law’s public transport accident claims service page.

CONTACT US

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FAQ

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Tags public transport, road traffic accident, road traffic accident claims

Pedestrian Accident

Pedestrian Accident Claims What You Are Entitled To

Post author By mcpicadofelipe
Post date 3 June 2026

LEGAL GUIDE · ENGLAND & WALES

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Being struck by a vehicle as a pedestrian is one of the most traumatic and physically devastating types of road accident. Without any protective barrier between you and the vehicle, even a low-speed impact can result in serious injury. If you or a family member has been injured as a pedestrian due to a driver’s negligence — or due to a poorly maintained road or pavement — you are entitled to claim compensation.

This guide explains who can be held liable, what compensation you can recover, what happens if the driver was uninsured or fled the scene, and how to start a claim with no upfront cost.

Key statistic: The Department for Transport reports that pedestrians account for around a quarter of all serious road casualties in Great Britain each year. Children and older adults are disproportionately represented in serious pedestrian injury statistics.

Injured as a pedestrian?

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Who Is Liable for a Pedestrian Accident?

Liability depends on the cause of the accident. In most pedestrian injury cases, one or more of the following parties may be responsible.

The Driver of the Vehicle

The most common cause of pedestrian accidents is driver error — failing to give way at a pedestrian crossing, not checking for pedestrians before turning, distracted driving, or speeding in areas where pedestrians are present. A driver owes a duty of care to all road users, including pedestrians. If their negligence caused your injuries, their motor insurer is liable under the Road Traffic Act 1988, which requires all drivers to hold third-party motor insurance

The Local Highway Authority

If your accident was caused by a defect on the pavement or road — a broken kerb, a sunken manhole cover, a flooded footpath — the local council may be liable under section 41 of the Highways Act 1980 for failing to maintain the public highway in a safe condition. This type of claim runs alongside or instead of a claim against a driver, depending on the cause of the accident. For more detail, see our guide: Pavement Trip and Pothole Claims — Claiming Against the Council.

A Cyclist

Pedestrians can also be injured by negligent cyclists — on shared paths, at crossings, or on pavements. A claim can be brought against a negligent cyclist in the same way as against a driver, though cyclists are not required to hold liability insurance, which can make enforcement more difficult if they have no assets. If the cyclist caused a serious injury and has no insurance, the Motor Insurers’ Bureau does not apply — you would need to pursue the cyclist personally.

Employers and Businesses

If you were injured on private land — such as a supermarket car park, a business forecourt, or a delivery yard — the occupier of those premises may be liable under the Occupiers’ Liability Act 1957 if the vehicle was operating on their land and they failed to manage the risk of vehicle-pedestrian conflict adequately.

What If the Driver Was Uninsured or Left the Scene?

Pedestrians who are struck by uninsured or untraced drivers are not left without a remedy. The Motor Insurers’ Bureau (MIB) exists specifically to compensate victims of:

Uninsured drivers — under the MIB Uninsured Drivers Agreement. Your claim is made against the MIB rather than an insurer, and the compensation available is the same as if the driver had been insured.
Untraced drivers (hit and run) — under the MIB Untraced Drivers Agreement. You must have reported the accident to the police — do this immediately after any hit-and-run accident. Claims generally must be submitted within three years of the accident.

MIB claims are more procedurally complex than standard road traffic accident claims. NJS Law has experience managing MIB cases and will handle the process on your behalf.

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Does Contributory Negligence Affect a Pedestrian Claim?

Yes, it can. If the defendant argues that your own conduct contributed to the accident — for example, crossing outside a designated crossing point, stepping into the road without looking, or walking in a road while distracted — your compensation may be reduced to reflect your share of the responsibility. This is called contributory negligence under the Law Reform (Contributory Negligence) Act 1945.

Importantly, contributory negligence is a reduction, not a bar. Even if you are found to have been partially at fault, you can still recover the portion of your loss attributed to the driver’s negligence. Courts in England and Wales also recognise that drivers owe a heightened duty of care in situations where they ought to anticipate the presence of pedestrians — near schools, in residential areas, at night, and in poor weather.

For a full explanation of contributory negligence, read: Can I Claim If the Accident Was Partly My Fault?.

How Much Compensation Can You Claim?

Because pedestrians have no physical protection from impact, injuries in pedestrian accidents tend to be severe. Compensation is assessed under two headings.

General Damages — the Injury

Values are taken from the Judicial College Guidelines (18th edition, April 2026). Common injuries in pedestrian accidents and their approximate ranges include:

Injury	Approximate Range
Soft tissue injury — minor (full recovery within 3 months)	Up to £3,150
Leg fractures — moderate (some ongoing disability)	£27,760 – £39,200
Pelvis / hip fracture — significant	£39,170 – £52,500
Back injury — severe (disc lesion, nerve damage)	£38,780 – £69,330
Moderate brain injury (cognitive and physical effects)	£90,720 – £150,110
Severe spinal cord injury (paraplegia)	£219,070 – £322,060+
Moderate PTSD / psychological injury (good recovery)	£9,980 – £21,730
Severe PTSD / psychological injury (permanent)	£59,860 – £100,670

Special Damages — Financial Losses

All financial losses caused by the accident are recoverable, including:

Lost earnings — past and future, including loss of earning capacity
Medical treatment, surgery, physiotherapy, and rehabilitation
Care costs — including the value of care provided by family members
Home adaptations if the injury affects your mobility
Travel to medical appointments
Damaged clothing and personal property

What Evidence Do You Need?

Police report and incident number — always report a pedestrian accident involving injury to the police
Driver details — name, address, vehicle registration, and insurance company
CCTV and dashcam footage — request preservation immediately; footage is routinely overwritten within 28–31 days
Witness details — names and contact numbers of bystanders who saw the accident
Photographs — the scene, road markings, vehicle position, your injuries
Medical records — attend A&E or your GP immediately and describe exactly how the accident happened

Time Limit for Pedestrian Accident Claims

The standard three-year limitation period under the Limitation Act 1980 applies. You have three years from the date of the accident to issue court proceedings. Exceptions apply for children (three years from their 18th birthday) and those who lack mental capacity. For MIB untraced driver claims, there is an obligation to report to the police promptly and to submit the claim within three years of the accident. For full details: Personal Injury Claim Time Limits in England and Wales.

No Win, No Fee Motorbike Accident Claims

NJS Law handles all pedestrian accident claims on a No Win, No Fee basis. You pay nothing to start your claim. If your claim is unsuccessful, you owe nothing. If you win, a success fee — agreed with you in advance — is deducted from your compensation. You bear no financial risk in finding out whether you have a claim.

FREE, NO-OBLIGATION ASSESSMENT

Injured as a pedestrian?

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Frequently Asked Questions

Can I claim compensation if I was hit by a car as a pedestrian?

Yes. If a driver’s negligence caused your injuries, you can claim against their motor insurer under the Road Traffic Act 1988. If the driver was uninsured or fled the scene, the Motor Insurers’ Bureau will compensate you in their place. NJS Law handles both standard and MIB claims on a No Win, No Fee basis.

What if I was partly to blame for the accident — can I still claim?

Yes. Contributory negligence reduces your compensation proportionally but does not prevent you from claiming. For example, if you are found 25% responsible and your injuries are valued at £40,000, you would recover £30,000. Courts apply a heightened duty of care to drivers in areas where pedestrians are expected, which often limits any reduction.

What happens if the driver who hit me has no insurance?

You claim through the Motor Insurers’ Bureau (MIB) under the Uninsured Drivers Agreement. The MIB compensates pedestrians and other road users injured by uninsured drivers. The process is more complex than a standard claim and it is strongly advisable to instruct a solicitor experienced in MIB claims.

The driver drove away — can I still claim?

Yes, through the MIB Untraced Drivers Agreement. You must report the accident to the police as soon as possible and submit your claim to the MIB within the required time limits. Even without the driver’s details, a claim can succeed if the police have been notified and there is independent evidence of the accident — witnesses, CCTV, or medical records.

How long does a pedestrian accident claim take to settle?

Minor injury claims can settle in 9 to 18 months where liability is admitted. Serious injury claims — particularly those involving head injuries, spinal injuries, or long-term disability — typically take 2 to 4 years, as the full extent of your losses (including future care and earnings) needs to be properly assessed before any settlement is reached.

This article is for general information only and does not constitute legal advice. Figures are subject to change by statutory instrument — verify the current tariff before relying on them.

For advice on your specific circumstances, please contact NJS Law directly.

For a full overview of pedestrian accident claims, including eligibility, time limits and the claims process, see NJS Law’s pedestrian accident claims service page.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags pedestrian accident claims, road traffic accident, road traffic accident claims

Motorbike Accident Road Traffic Accident

Motorbike Accident Claims: A Complete Guide to Compensation: A Complete Guide to Compensation

Post author By mcpicadofelipe
Post date 3 June 2026

LEGAL GUIDE · ENGLAND & WALES

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🏍️ Motorbike Accident Specialists

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Motorcyclists are among the most vulnerable road users in England and Wales. Without the protection of a vehicle body, a crash that would leave a car driver shaken can leave a rider with life-changing injuries. If you have been injured in a motorbike accident that was caused by someone else’s negligence — whether a car driver, a lorry, poor road conditions, or an uninsured motorist — you have the right to claim compensation.

This guide explains who is liable, what you can claim, how much compensation you might receive, and what to do if the other driver was uninsured or fled the scene.

Key statistic: According to Department for Transport data, motorcyclists account for around 1% of total road traffic but 19% of all road fatalities and a disproportionate share of serious injuries. The physical vulnerability of riders means motorbike accident claims frequently involve serious, high-value injuries.

Injured in a motorbike accident?

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Who Can You Claim Against After a Motorbike Accident?

The defendant in a motorbike accident claim depends on the cause of the accident.

Another Driver’s Negligence

The most common cause of motorbike accidents is another road user failing to see the rider — pulling out of a junction, changing lanes without checking mirrors, opening a car door into the path of an oncoming bike (known as “dooring”), or failing to give way at a roundabout. In these cases, the claim is made against the at-fault driver and, in practice, against their motor insurer under the Road Traffic Act 1988, which requires all drivers to be insured against third-party liability.

Uninsured Drivers — the Motor Insurers’ Bureau (MIB)

If the driver who caused your accident was uninsured, you are not left without a remedy. The Motor Insurers’ Bureau (MIB) is a not-for-profit organisation funded by insurers that compensates victims of uninsured drivers under the Uninsured Drivers Agreement. Your claim is made directly against the MIB rather than an insurer. The process is more involved than a standard claim, but the compensation available is the same.

Untraced Drivers — Hit and Run

If the driver who caused your accident left the scene and cannot be identified, the MIB also administers the Untraced Drivers Agreement. Claims must generally be submitted within two years of the accident. Crucially, you must have reported the accident to the police — so always report a hit-and-run immediately.

Road Surface Defects

Motorbikes are particularly sensitive to road surface conditions. If a pothole, loose gravel left by a utility company, an unrepaired carriageway defect, or an uneven road surface caused your accident, a claim may lie against the local highway authority under the Highways Act 1980 (section 41) or against the utility company or contractor responsible for the defect.

Defective Motorcycle or Component

If a mechanical failure caused or contributed to your accident — a faulty brake, a tyre defect, or a component that failed — you may have a product liability claim against the manufacturer or supplier under the Consumer Protection Act 1987.

Not sure who is liable for your motorbike accident? NJS Law will identify the correct defendant and assess your claim for free.

Get your free claim assessment.

Common Injuries in Motorbike Accident Claims

Because motorcyclists have no protective shell around them, the injuries sustained in bike accidents tend to be significantly more severe than those suffered by car occupants in equivalent collisions. Common injuries include:

Road rash and soft tissue injuries — abrasions, lacerations, and friction burns from contact with the road surface
Fractures — particularly to the wrists, arms (impact injuries from landing), legs, pelvis, and collarbone
Knee and ankle injuries — crush injuries from the bike, ligament damage, and joint trauma
Spinal injuries — ranging from disc injuries to serious spinal cord damage with lasting neurological consequences
Head injuries — from concussion to traumatic brain injury, even where a helmet was worn
Facial injuries — particularly where a full-face helmet was not worn
Psychological injuries — PTSD, anxiety, and riding phobia are common following serious accidents
Amputations — in the most serious accidents involving crush injuries

Does Wearing a Helmet Affect Your Claim?

Yes — and it is important to understand this before making a claim. Under English law, motorcyclists are required to wear a protective helmet by the Road Traffic Act 1988. Failing to wear a helmet when injured in a head injury accident will almost certainly result in a finding of contributory negligence, reducing your compensation — typically by 15% to 25% depending on the extent to which the helmet would have reduced your injuries.

Contributory negligence may also be argued in other circumstances — for example, if you were riding at excessive speed, filtering unsafely, or not wearing appropriate protective clothing. However, contributory negligence reduces your compensation proportionally; it does not bar you from claiming altogether. Even if you were partly at fault, you may still be entitled to a significant award.

For a full explanation of how contributory negligence works, read: Can I Claim If the Accident Was Partly My Fault?.

How Much Compensation Can You Claim?

Compensation in motorbike accident claims falls into the same two categories as all personal injury cases:

General Damages — the Injury Itself

The Judicial College Guidelines (18th edition, April 2026) are used to value the injury element. Because motorbike accidents so often cause serious injuries, the general damages in these cases can be substantial:

Injury	Approximate Range
Minor soft tissue injury (full recovery within 3 months)	Up to £3,150
Knee injury — moderate (cartilage damage, lasting symptoms)	£14,840 – £26,190
Leg fracture — moderate (some ongoing disability)	£27,760 – £39,200
Shoulder injury — serious (surgery, lasting impairment)	£19,200 – £48,030
Back injury — severe (disc lesion, nerve damage)	£38,780 – £69,330
Moderate brain injury (moderate cognitive and physical effects)	£90,720 – £150,110
Severe spinal cord injury (incomplete tetraplegia / paraplegia)	£219,070 – £322,060+
Severe PTSD / psychological injury (permanent effects)	£59,860 – £100,670

Special Damages — Financial Losses

In motorbike accident claims, special damages can be as significant as or larger than general damages, particularly where the rider is off work for a prolonged period or requires ongoing care. You can recover:

Lost earnings — past and future — including loss of earning capacity if the injury affects your career
Motorcycle repair or replacement costs and storage fees while repairs are arranged
Hire costs for a replacement vehicle during the repair period
Protective clothing and equipment damaged in the accident (helmet, leathers, boots, gloves)
Medical treatment, physiotherapy, and rehabilitation costs
Care costs — both professional care and the value of care provided by family members
Adaptations to your home or vehicle if the injury has affected your mobility
Travel to medical appointments

For a full explanation of how compensation is calculated, see: Average Personal Injury Compensation Payouts in the UK.

What Should You Do After a Motorbike Accident?

Call the police and an ambulance — you are required to report any road accident involving injury to the police. Do so immediately if injuries are serious.
Exchange details — name, address, vehicle registration, and insurance details from the other driver. If witnesses are present, take their details too.
Photograph the scene — road position of all vehicles, skid marks, road surface defects, signage, weather conditions, and all visible injuries.
Preserve helmet and clothing — do not discard your damaged helmet or protective gear. They form important evidence of the severity of the impact.
Seek medical attention immediately — even where injuries appear minor. Adrenaline can mask pain; some injuries (particularly spinal, head, and internal) are not immediately apparent.
Report to your insurer — most policies require you to notify your insurer of any accident promptly, even if you are not making a claim on your own policy.
Contact NJS Law — the sooner you instruct a solicitor, the sooner evidence can be preserved and a Letter of Claim can be sent

Preserve your helmet: Your helmet absorbs impact energy and deforms in a crash — even where external damage is not obvious. Do not dispose of it. Your solicitor may want an expert to examine it as evidence of the force of the impact, particularly in head injury claims.

What Is the Time Limit for a Motorbike Accident Claim?

The standard three-year limitation period under the Limitation Act 1980 applies. You have three years from the date of the accident to issue court proceedings. Key exceptions include cases involving children (three years from their 18th birthday) and those who lack mental capacity. MIB untraced driver claims must generally be reported within two years and submitted within three years.

For a full guide to time limits, see Personal Injury Claim Time Limits in England and Wales.

No Win, No Fee Motorbike Accident Claims

NJS Law handles all motorbike accident claims on a No Win, No Fee basis. You pay nothing to start your claim. If your claim is unsuccessful, you owe nothing. If you win, a success fee — agreed with you in advance — is deducted from your compensation. You bear no financial risk in finding out whether you have a claim.

FREE, NO-OBLIGATION ASSESSMENT

Injured in a motorbike accident?

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Frequently Asked Questions

Can I claim compensation for a motorbike accident?

Yes, if the accident was caused wholly or partly by someone else’s negligence. This includes other drivers, local authorities responsible for road maintenance, vehicle or component manufacturers, and in some cases the Motor Insurers’ Bureau where the at-fault driver was uninsured or untraced. NJS Law will assess your claim for free and tell you honestly whether you have a viable case.

What if the other driver was uninsured or drove away?

You are not left without a remedy. The Motor Insurers’ Bureau (MIB) compensates victims of uninsured drivers under the Uninsured Drivers Agreement and victims of hit-and-run accidents under the Untraced Drivers Agreement. You must report the accident to the police in both cases. NJS Law has experience dealing with MIB claims and will manage the process on your behalf.

Does it matter if I wasn’t wearing a helmet?

It matters if your head was injured. Riding without a legally required helmet will almost certainly lead to a finding of contributory negligence, reducing your compensation — typically by 15–25%. If your injuries did not affect your head, the absence of a helmet may be less relevant. Either way, it does not bar you from claiming compensation for injuries caused by the other party’s fault.

How long does a motorbike accident claim take?

It depends on the severity of your injuries. Minor injury claims can resolve in 12 to 18 months. Serious injury claims involving ongoing treatment, complex care needs, or disputed liability can take 2 to 4 years. Your solicitor will not push you to settle before your condition has stabilised — premature settlement can significantly undervalue future losses, particularly loss of earnings and care costs.

Can I claim for damage to my bike and riding equipment?

Yes. Motorcycle repair or replacement costs, protective clothing (helmet, leathers, gloves, boots), and any other equipment damaged in the accident are all recoverable as special damages. Keep all damaged items and obtain repair or replacement quotes as soon as possible.

Do I need a specialist motorbike accident solicitor?

This article is for general information only and does not constitute legal advice. The law applies differently depending on the specific facts of your case. NJS Law specialises in personal injury claims including road traffic accidents — contact us to discuss your case.

This article is for general information only and does not constitute legal advice. The tariff figures quoted reflect the Whiplash Injury Regulations 2021 as in force at the date of publication. Figures are subject to change by statutory instrument — verify the current tariff before relying on them.

For advice on your specific circumstances, please contact NJS Law directly.

For a full overview of motorbike accident claims, including eligibility, time limits and the claims process, see NJS Law’s motorbike accident claims service page.

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Tags motorbike accident claims, road traffic accident, road traffic accident claims, whiplash

Road Traffic Accident

Whiplash Claims Under the 2021 Reform: What You Need to Know

Post author By mcpicadofelipe
Post date 3 June 2026

LEGAL GUIDE · ENGLAND & WALES

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If you have suffered a whiplash injury in a road traffic accident, the rules that govern your compensation changed significantly on 31 May 2021. The Civil Liability Act 2018 and the Whiplash Injury Regulations 2021 introduced a fixed tariff system that sets the maximum compensation most whiplash claimants can receive, replacing the previous approach where solicitors and insurers negotiated an amount based on individual circumstances.

This guide explains exactly what changed, how the tariff works, who it does and does not apply to, and how NJS Law can still help you get everything you are entitled to under the new rules.

Key date: The whiplash reforms came into force on 31 May 2021 and apply to all road traffic accident whiplash claims where the accident occurred on or after that date. Claims arising from accidents before 31 May 2021 are assessed under the old rules using the Judicial College Guidelines.

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What Is the Whiplash Reform Act?

The term “Whiplash Reform Act” is a common shorthand for changes introduced by Part 1 of the Civil Liability Act 2018, which came into force in May 2021 alongside the Whiplash Injury Regulations 2021. The reforms were designed to reduce the cost of whiplash claims — which had been identified as a major driver of rising motor insurance premiums — and to clamp down on fraudulent and exaggerated claims.

The two main changes were:

A fixed tariff setting the maximum general damages for whiplash and minor soft tissue injuries from road traffic accidents
A new Official Injury Claim (OIC) portal through which most whiplash claims must now be processed, enabling claimants to self-represent

At the same time, the small claims track limit for road traffic accident personal injury claims was raised from £1,000 to £5,000, meaning that in most whiplash cases the defendant’s insurer no longer has to pay the claimant’s legal costs — even if the claimant wins.

The Whiplash Tariff — How Much Can You Claim?

The tariff sets fixed compensation amounts for whiplash and minor psychological injuries linked to the same accident, based on the predicted duration of your symptoms. It applies to soft tissue injuries only — if you have a fracture, disc injury, or other non-soft-tissue injury, those elements are valued separately using the Judicial College Guidelines.

Physical Whiplash Injury Tariff

Predicted Duration of Symptoms	Tariff Amount
Up to 3 months	£240
More than 3 months, up to 6 months	£495
More than 6 months, up to 9 months	£840
More than 9 months, up to 12 months	£1,320
More than 12 months, up to 15 months	£1,630
More than 15 months, up to 18 months	£1,930
More than 18 months, up to 24 months	£2,790

Minor Psychological Injury Tariff (Where Accompanying Physical Injury)

Predicted Duration of Symptoms	Tariff Amount
Up to 3 months	£80
More than 3 months, up to 6 months	£260
More than 6 months, up to 9 months	£510
More than 9 months, up to 12 months	£640
More than 12 months, up to 15 months	£750
More than 15 months, up to 18 months	£900
More than 18 months, up to 24 months	£1,390

Exceptional circumstances uplift: A court can award up to 20% above the tariff in exceptional circumstances — for example, where the injury has had an unusually severe impact on the claimant’s daily life beyond what the duration of symptoms alone would suggest. This must be applied for; it is not automatic.

What the Tariff Does Not Cover — Important Exceptions

The tariff only covers the general damages element for the soft tissue injury itself. You can still claim all of the following in addition to the tariff amount:

Special Damages (Your Financial Losses)

There is no cap on special damages. You can still recover in full:

Lost earnings — including time off work during recovery
Medical treatment, physiotherapy, and rehabilitation costs
Travel costs to appointments
Care costs if you needed help at home
Vehicle repair or replacement costs
Hire car costs while your vehicle was off the road

Non-Soft-Tissue Injuries

If your accident caused injuries beyond soft tissue — such as a fractured bone, a disc protrusion, a concussion, or a shoulder labral tear — those injuries are valued under the Judicial College Guidelines (18th edition, April 2026), not the whiplash tariff. Where multiple injuries are present, the tariff and Judicial College damages can be combined.

Claims Where the Tariff Does Not Apply At All

The whiplash tariff does NOT apply if:

The injured person is under 18 — children’s claims are still assessed under the Judicial College Guidelines
The injured person is a protected party (lacking mental capacity to conduct their own litigation)
The accident did not involve a motor vehicle — the tariff only applies to road traffic accidents
Symptoms are predicted to last longer than 24 months — these are assessed under Judicial College Guidelines
The claim involves a cyclist or pedestrian who was hit by a vehicle rather than an occupant of a vehicle

The Official Injury Claim (OIC) Portal

Most whiplash claims arising from accidents after 31 May 2021 must be submitted through the Official Injury Claim portal (officialinjuryclaim.org.uk), a government-backed online system designed to let claimants handle their own cases without a solicitor.

While the portal is accessible to self-represented claimants, using it without legal advice carries real risks:

Insurers have experienced claims handlers — claimants negotiating alone are at a disadvantage
If you have non-soft-tissue injuries alongside whiplash, the interaction between the tariff and Judicial College values is complex
You may not be aware of all the special damages you are entitled to claim
Accepting a settlement through the portal is usually final — you cannot reopen the claim later if your symptoms worsen
If liability is disputed or there is a fraud allegation against you, the portal becomes significantly more difficult to navigate alone

Can I still use a solicitor? Yes. While solicitor costs are generally not recoverable from the defendant in small-track whiplash claims, NJS Law can assess your case and advise whether the value of legal representation — particularly where special damages are significant or non-soft-tissue injuries are present — outweighs the cost. In many cases, the value we add exceeds our fee.

Why Legal Advice Still Matters After the Reform

The reforms were intended to make whiplash claims simpler and cheaper. In practice, insurers remain commercially motivated to pay as little as possible. A solicitor adds value in several key ways. For a wider view of how compensation is structured, see our guide on general damages versus special damages:

Identifying mixed injuries: Many accident victims have both soft tissue and non-soft-tissue injuries. Correctly distinguishing and valuing each element can significantly increase the total award.
Maximising special damages: Loss of earnings calculations, future treatment costs, and care claims require careful preparation. A poorly prepared schedule of loss leaves money on the table.
Contested liability: Where the other driver disputes fault or their insurer raises fraud allegations, specialist legal representation is essential.
Exceptional circumstances uplift: Arguing for the 20% uplift requires legal expertise and supporting evidence.
Psychological injury claims: Where anxiety, PTSD, or driving phobia follows the accident and goes beyond the minor psychological tariff, proper valuation requires medical evidence and legal argument.

Suffered a whiplash injury in a road traffic accident? NJS Law will assess your claim — including any non-soft-tissue injuries and financial losses — for free.

How to Make a Whiplash Claim — Step by Step

Seek medical attention — visit your GP or A&E as soon as possible after the accident. Describe all your symptoms, including neck pain, back pain, headaches, and any anxiety or low mood. This creates the medical record that underpins your claim.
Report the accident — exchange details with the other driver. Report to your insurer (you are usually required to do so within 24 hours even if you are not claiming).
Gather evidence — photographs of vehicle damage, dashcam or CCTV footage, and witness contact details.
Contact NJS Law — we will assess whether your claim falls within the tariff, whether you have additional non-tariff injuries, and what your special damages are worth.
Medical report — an independent medical expert examines you and produces a report predicting your symptom duration. This determines your tariff band.
Submit the claim and negotiate — through the OIC portal or the pre-action protocol process, depending on the complexity of your case.

How to Make a Whiplash Claim — Step by Step

Seek medical attention — visit your GP or A&E as soon as possible after the accident. Describe all your symptoms, including neck pain, back pain, headaches, and any anxiety or low mood. This creates the medical record that underpins your claim.
Report the accident — exchange details with the other driver. Report to your insurer (you are usually required to do so within 24 hours even if you are not claiming).
Gather evidence — photographs of vehicle damage, dashcam or CCTV footage, and witness contact details.
Contact NJS Law — we will assess whether your claim falls within the tariff, whether you have additional non-tariff injuries, and what your special damages are worth.
Medical report — an independent medical expert examines you and produces a report predicting your symptom duration. This determines your tariff band.
Submit the claim and negotiate — through the OIC portal or the pre-action protocol process, depending on the complexity of your case.

What About Fraud Allegations?

The reforms introduced a new power for courts to dismiss a claim in full where the claimant has been fundamentally dishonest — even if a genuine element of the claim exists. Insurers are increasingly raising fraud allegations, including in cases where the claimant believes their claim is entirely legitimate. If an insurer accuses you of exaggerating or fabricating your injury, having a solicitor to represent you is essential.

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Frequently Asked Questions

How much is a whiplash claim worth after the 2021 reform?

The tariff sets general damages for the soft tissue injury itself — ranging from £240 (symptoms up to 3 months) to £2,790 (symptoms of 18–24 months). However, you can also recover the full value of your financial losses — lost earnings, medical costs, vehicle hire — with no cap. If you have non-soft-tissue injuries, those are valued separately using the Judicial College Guidelines and can add significantly to your total award.

Does the 2021 whiplash reform apply to my claim?

It applies if your accident occurred on or after 31 May 2021, involved a motor vehicle on a road or other public place in England or Wales, and your injuries are soft tissue (whiplash). It does not apply to children under 18, protected parties, accidents before May 2021, cyclists or pedestrians hit by vehicles, or injuries predicted to last more than 24 months.

Can I still use a solicitor for a whiplash claim?

Yes. Solicitor fees are generally not recoverable from the defendant in small-track whiplash claims, meaning you would pay a success fee from your compensation. However, where special damages are significant, non-soft-tissue injuries are present, or liability is disputed, the value a solicitor adds typically outweighs the cost. NJS Law will tell you honestly at the outset whether instructing us makes financial sense for your specific claim.

What if my symptoms last longer than predicted?

Your compensation is based on the medical expert’s prediction of symptom duration at the time of the report. If your symptoms last longer than predicted, it may be possible to revisit the medical evidence before any settlement is finalised. This is one reason why it is important not to rush to settle before your condition has fully stabilised.

Can I claim for psychological effects of a whiplash accident?

Yes. The tariff includes a separate rate for minor psychological injuries accompanying a physical whiplash claim. Where psychological effects are more serious — for example, a diagnosed PTSD, a significant driving phobia, or a depressive episode — these may be valued above the minor psychological tariff using the Judicial College Guidelines, particularly if symptoms are predicted to last longer than 24 months or have a severe impact on your daily life.

How long does a whiplash claim take to settle?

Straightforward whiplash claims through the OIC portal — where liability is not disputed and symptoms resolve within a few months — can settle in as little as 3 to 6 months. More complex cases involving disputed liability, additional injuries, or significant special damages typically take 12 to 18 months.

For advice on your specific circumstances, please contact NJS Law directly.

For a full overview of road traffic accident claims, including eligibility, time limits and the claims process, see NJS Law’s road traffic accident claims service page.

CONTACT US

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FAQ

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Tags road traffic accident, road traffic accident claims, whiplash

Personal Injury

Can I Change My Personal Injury Solicitor

Post author By mcpicadofelipe
Post date 3 June 2026

LEGAL GUIDE · ENGLAND & WALES

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Yes — you have the right to change your personal injury solicitor at any point during your claim, for any reason. You are not locked in. If you are unhappy with the service you are receiving, concerned about the progress of your case, or have simply lost confidence in your current firm, you can instruct a new solicitor to take over.

Switching solicitors is more straightforward than many people expect, but there are practical and financial considerations to understand before you make the move. This guide explains how it works, what it means for your No Win, No Fee agreement, and what to look for in a new solicitor.

Your right to change: The Solicitors Regulation Authority (SRA) confirms that clients have the right to terminate their solicitor’s retainer at any time. Your current solicitor cannot refuse to release your file, though they may have an entitlement to charge for work done to date.

Unhappy with your current solicitor?

Get a free assessment from our personal injury team today.

Common Reasons People Change Their Personal Injury Solicitor

There is no single threshold that justifies switching solicitors — it is entirely a matter of your confidence and satisfaction. The most common reasons include:

Poor communication — not being kept informed of progress, unreturned calls, slow responses to queries
Lack of progress — the claim appears stalled with no explanation or clear next steps
Pressure to settle — feeling pushed towards accepting a settlement you believe undervalues your claim
Change of handler — your case has been passed to a junior member of staff or repeatedly transferred between handlers
Lack of specialist knowledge — you have concerns that your solicitor does not have sufficient experience in personal injury claims
General loss of confidence — you no longer trust that the firm is acting in your best interests

How to Change Your Personal Injury Solicitor — Step by Step

Step 1: Contact a New Solicitor First

Before you formally end the relationship with your current firm, speak to a new solicitor. They can review the position of your claim, advise whether it makes financial sense to switch at this stage, and manage the transfer process for you. NJS Law offers a free review of claims handled by other firms — with no obligation to transfer.

Step 2: Formally Terminate Your Current Retainer

Write to your current solicitor informing them that you are terminating the retainer and instructing a new firm. You do not need to give a reason, though it can be courteous to do so. Ask them to transfer the file to your new solicitor and to account for any funds held on your behalf.

Step 3: File Transfer

Your old solicitor is obliged to transfer your file to your new solicitor promptly. They may exercise a solicitor’s lien — a legal right to retain copies of the file until any outstanding fees are settled. In practice, where the claim is ongoing under a No Win, No Fee agreement, the outstanding fees are typically dealt with at the end of the claim rather than immediately on transfer.

Step 4: Your New Solicitor Reviews and Continues

Your new solicitor will review all documents, correspondence, evidence, and procedural steps taken to date, and pick up the claim from where it stands. There should be no gap in the conduct of your case provided the transfer is managed properly.

What Happens to Your No Win, No Fee Agreement?

This is the most important practical question when switching solicitors. Most personal injury claims are conducted under a Conditional Fee Agreement (CFA) — No Win, No Fee. When you change solicitors, two separate CFAs are potentially in play:

Your Old Solicitor’s Entitlement

Your old solicitor will typically have a contractual right to be paid for the work they have carried out, subject to the terms of the original CFA. In most cases, they agree not to charge you immediately — instead, they register a charge against any final damages you receive. The exact entitlement depends on the terms of your original agreement. Your new solicitor will review this as part of taking on your case.

Your New Solicitor’s CFA

You will enter into a new CFA with your new solicitor. Their success fee is agreed at the outset. Both success fees together must not exceed the maximum deduction from your damages — 25% of your general damages and past financial losses (excluding future care and future loss of earnings) under the Damages-Based Agreement rules.

Get clarity on costs upfront: Before transferring, ask your new solicitor to explain clearly what the combined effect of both CFAs will be on your final compensation. A reputable firm will be transparent about this and will only take on your case if the switch makes financial sense for you.

Will Changing Solicitor Delay My Claim?

A smooth transfer should cause minimal delay. Your new solicitor will need time to review the file and get up to speed — typically a few weeks — but there should be no significant setback to the progression of your claim provided the handover is managed properly and no procedural deadlines are missed in the transition period.

Your new solicitor should check immediately whether any limitation deadline, court deadline, or response period is imminent, so that nothing is missed during the transfer.

Is It Ever Not Worth Switching?

In a small number of cases, switching solicitors may not be in your best interests:

If your claim is very close to settlement and the transfer would cause unnecessary disruption
If the combined cost of two sets of CFA fees would significantly reduce your net compensation
If an imminent court deadline creates a risk that the transfer cannot be completed safely in time

A good new solicitor will be honest with you about all of these factors. If it is not in your interests to switch, NJS Law will tell you so.

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Frequently Asked Questions

Can I change my personal injury solicitor at any time?

Yes. You have the right to terminate your solicitor’s retainer at any time. There is no point in a claim at which you are prevented from switching. However, the closer to settlement or trial your claim is, the more carefully you should consider whether the practical and financial benefits of switching outweigh the disruption.

Will I have to pay my old solicitor if I switch?

Under most No Win, No Fee agreements, you will not have to pay your old solicitor immediately out of your own pocket. They will typically register a charge against your final compensation, to be paid from damages when the claim resolves. The exact terms depend on your original CFA. Your new solicitor will review this and explain what it means for your net compensation before you commit to switching.

How long does it take to transfer a personal injury claim?

Most transfers complete within 2 to 4 weeks. Your old solicitor is required to transfer the file promptly on request. Your new solicitor will need time to review the file, update the procedural position, and notify the relevant parties of the change. In the vast majority of cases, the transfer causes no material delay to the claim itself.

What if my old solicitor refuses to transfer my file?

A solicitor cannot refuse to release your file. They may exercise a lien over certain documents pending payment of fees, but they cannot hold your entire file hostage or prevent the transfer. If you encounter resistance, your new solicitor can advise on the appropriate steps, including a complaint to the Legal Ombudsman if necessary.

Will the defendant or their insurer find out I’ve changed solicitor?

Yes — your new solicitor will write to the defendant’s insurer and to the court (if proceedings have been issued) to notify them of the change of representation. This is routine and has no negative impact on your claim. Defendants and their insurers deal with changes of solicitor regularly.

This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.

For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s personal injury claims service page.

CONTACT US

Get in touch using the form below or via the following methods:

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FAQ

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Tags Personal Injury, personal injury claim, personal injury claims

Personal Injury

How Long Does a Personal Injury Claim Take in England and Wales?

Post author By mcpicadofelipe
Post date 2 June 2026

LEGAL GUIDE · ENGLAND & WALES

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One of the most common questions people ask when starting a personal injury claim is: how long is this going to take? The honest answer is that it depends — on the type of accident, the severity of your injuries, whether the defendant admits liability, and how quickly your injuries stabilise.

This guide sets out realistic timescales by claim type, explains the stages of a personal injury claim, and identifies the factors most likely to speed up or delay your case.

Quick overview: Most personal injury claims in England and Wales settle within 9 to 24 months. Straightforward road traffic accident (RTA) claims can settle in as little as 6 months. Complex employer liability or serious injury claims may take 2 to 4 years. The right personal injury solicitor will move your claim as efficiently as possible while ensuring you receive full and fair compensation.

Want a estimate for your specific injury?

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How Long Does Each Type of Claim Typically Take?

Claim Type	Typical Timescale	Key Variables
Road Traffic Accident (minor)	6 – 9 months	Liability admitted; low-value soft tissue injury
Road Traffic Accident (moderate/serious)	12 – 24 months	Disputed liability; ongoing treatment needed
Slip, Trip and Fall (public liability)	9 – 18 months	CCTV and inspection records; council as defendant
Employer Liability / Accident at Work	12 – 24 months	Health and safety investigations; serious injury
Industrial Disease / Occupational Illness	18 – 36 months	Medical causation; multiple defendants; historic exposure
Serious or Catastrophic Injury	2 – 4+ years	Maximum compensation assessment; life care plans

What Are the Key Stages of a Personal Injury Claim?

Understanding the stages of your claim helps you understand what your solicitor is doing at each point and why delays sometimes occur.

Stage 1: Initial Assessment and Instructions (Days 1–14)

You contact NJS Law, explain what happened, and we carry out a free assessment of your claim. If we think you have a strong case, we take your full instructions, gather initial evidence, and set up your No Win, No Fee agreement. We also issue a formal Letter of Claim to the defendant (or their insurer), setting out the basic facts and the legal basis for your claim.

Stage 2: Liability Investigation (Weeks 4–16)

The defendant has 21 days to acknowledge your Letter of Claim and a further period (typically 3 months, extendable by agreement) to investigate and respond. In road traffic accident cases processed through the Official Injury Claim portal, the insurer must respond within 15 working days. If they admit liability, the claim moves forward quickly. If they deny it, a more detailed investigation follows — CCTV, witness statements, expert evidence.

Stage 3: Medical Evidence and Treatment (Months 3–12+)

You will be referred to an independent medical expert for an examination. The expert prepares a report assessing the nature and extent of your injuries, your prognosis, and any ongoing treatment you need. This stage is often the longest. Your solicitor will not push you to settle until your injuries have stabilised and the full extent of your losses is clear — rushing this stage can mean you accept less than you deserve.

Stage 4: Valuation and Negotiation (Months 6–18)

Once medical evidence is in and all your losses are calculated, your solicitor presents a Schedule of Loss to the defendant. This sets out the full value of your claim — general damages (pain and suffering) and special damages (financial losses). Most claims settle at this stage through negotiation, without going to court.

Stage 5: Settlement or Court Proceedings

Around 95% of personal injury claims settle without a court hearing. If the defendant’s offer is not fair, your solicitor may issue court proceedings — but this usually prompts a further round of negotiations rather than a full trial. If the case does go to trial, add approximately 6 to 12 months to the overall timeline.

What Causes Delays in Personal Injury Claims?

The most common reasons a claim takes longer than expected include:

Disputed liability: The defendant denies responsibility or disputes the extent of their fault. Gathering and presenting evidence to counter this takes time.
Serious or complex injuries: Where injuries are severe, it takes time for the medical picture to stabilise before a proper valuation can be made. Settling too early risks undervaluing future losses.
Multiple defendants: Industrial disease claims, multi-vehicle accidents, or accidents in buildings with separate owner and occupier arrangements can involve several parties who dispute between themselves.
Slow medical reporting: Independent medical experts operate on their own timetables. There can be waiting lists for examinations and delays in reports being finalised.
Court delays: If proceedings are issued, the court timetable adds time. County Court waiting lists can be lengthy.
Slow insurance responses: Some insurers use delay as a negotiating tactic. A proactive solicitor will manage this by enforcing procedural timescales under the Civil Procedure Rules.

Can You Speed Up Your Claim?

Yes — there are things you can do to help your claim move as quickly as possible:

Respond promptly to requests from your solicitor for documents, signatures, or instructions
Attend medical appointments on time and follow all recommended treatment
Keep receipts and records of all costs and losses as they arise
Tell your solicitor immediately if your symptoms change significantly or you receive new medical advice
Avoid posting about your accident or injuries on social media — defendants’ insurers do monitor public profiles

What About the Three-Year Time Limit?

The time limit and the claim duration are different things. The three-year limitation period under the Limitation Act 1980 is how long you have to start a claim — i.e., issue court proceedings. Once your claim is underway, it can continue beyond that date.

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Frequently Asked Questions

How long does a personal injury claim take to settle?

Most personal injury claims settle within 9 to 24 months. Minor road traffic accident claims can resolve in as little as 6 months. Serious injury claims or those with disputed liability may take 2 to 4 years. Your solicitor will give you a more specific estimate based on your individual case.

Why is my personal injury claim taking so long?

The most common reasons for delays are disputed liability, complex or ongoing injuries, slow medical reporting, or court delays after proceedings are issued. Your solicitor should keep you informed at every stage. If you feel your claim is moving too slowly, speak to your solicitor directly about the reasons and expected timeline.

Can I get interim compensation while my claim is ongoing?

Yes, in some circumstances. If liability has been admitted and your losses are clear, your solicitor can request an interim payment from the defendant’s insurer — a payment on account of the final settlement. This is particularly useful if you are off work, facing medical costs, or need to fund care. Ask your solicitor whether an interim payment is appropriate in your case.

Do I have to go to court?

The vast majority of personal injury claims — around 95% — settle without a court hearing. Court proceedings may be issued to protect the time limit or to accelerate negotiations, but most claims settle before a final trial. If your case does go to trial, your solicitor will prepare you fully for what to expect.

This article is for general information only and does not constitute legal advice. Timescales given are estimates based on typical cases and may vary significantly depending on the facts. For advice on your specific circumstances, please contact NJS Law directly.

For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s personal injury claims service page.

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Personal Injury

Pavement Trip and Pothole Claims — Claiming Against the Council

Post author By mcpicadofelipe
Post date 2 June 2026

LEGAL GUIDE · ENGLAND & WALES

mcpicadofelipe

⚖️No Win No Fe

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Broken pavements, sunken kerbs, and pothole-ridden roads cause thousands of injuries across England and Wales every year. If you tripped on an uneven pavement slab, fell into a pothole, or were injured by a defect on a public highway, you may be entitled to claim compensation from the responsible local authority.

Claiming against a council can feel daunting, but the legal framework is clear and NJS Law handles these cases every day — on a No Win, No Fee basis, with no upfront cost to you.

Key fact: The Department for Transport’s annual local road condition survey consistently finds that millions of potholes and pavement defects are reported and repaired each year in England — yet countless injuries still occur because defects go undetected or unrepaired. Councils are legally obliged to maintain the highway safely.

Want a estimate for your specific injury?

Get a free assessment from our personal injury team today.

What Is the Legal Basis for Claiming Against the Council?

The primary legal basis for a pavement trip or pothole claim is section 41 of the Highways Act 1980. This section imposes a statutory duty on highway authorities (in most cases, the local council) to maintain the public highway, including footpaths and cycle tracks, in a condition that does not endanger users.

If a defect in the highway causes your accident, and the council was responsible for maintaining that highway, you have the foundation for a claim. Unlike many negligence claims, this is a statutory duty — you do not need to prove the council knew about the defect in advance. The obligation is to keep the highway safe, and if it is not safe and you are injured, the council may be liable.

The Section 58 Defence — How Councils Fight Back

Councils do not give up without a fight. Under section 58 of the Highways Act 1980, a council has a complete defence if it can show that it had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic.

In practice, this means councils will argue that they had a reasonable inspection regime in place, that the defect was not identified in any inspection, and that even if it had been identified, they would have repaired it within their published timescales.

What counts as a “reasonable” inspection system depends on the type of road or footpath:

High-footfall areas (town centres, busy shopping streets): more frequent inspections expected — often every 1 to 3 months
Residential streets: less frequent — often every 6 to 12 months
Rural paths and bridleways: longer intervals, potentially annually

This is why the council’s inspection records are one of the most important pieces of evidence in these cases. NJS Law will request the full inspection history for the location of your accident.

Is There a Minimum Defect Size?

One of the most common myths about pavement trip claims is that a defect must be at least 25mm deep or high to succeed. This is not a legal rule. The 25mm figure is a common threshold used by many councils internally to decide whether to prioritise a repair — but it is not a statutory minimum and courts do not apply it as a bar to claiming.

What matters is whether the defect was dangerous to an ordinary pedestrian taking reasonable care in the circumstances. A 20mm trip on a busy, well-lit high street may be less dangerous than a 15mm defect in a dark alleyway used by elderly residents. The court looks at the whole picture: depth, height, visibility, location, lighting, the type of users expected, and whether there were prior accident reports at that location.

What to photograph: Always photograph the defect with a ruler or coin for scale. Take close-up shots and wide shots showing the surrounding area, the approach angle, and the lighting conditions. This evidence can be decisive.

Who Is Responsible — Council, Utility Company, or Private Developer?

Not every defect on a footpath is the council’s responsibility. Common third-party causes include:

Utility companies (water, gas, electricity, telecoms) who dig up pavements and reinstate them poorly — they retain responsibility for their reinstatement work for a statutory period under the New Roads and Street Works Act 1991.
Private developers whose construction work damaged a footpath or highway.
Landowners whose trees or vegetation have undermined pavement slabs on the adjoining highway.
Private roads and car parks — defects in privately owned roads, car parks, or paths are the responsibility of whoever owns and maintains that land, not the council.

Identifying the correct defendant is crucial. If NJS Law identifies that a utility company or third party rather than the council was responsible, we will pursue the claim against the correct party.

What Evidence Do You Need?

Evidence in pavement and pothole claims is time-sensitive because local authorities repair defects once they are notified of an accident. Gather as much as possible immediately:

Photographs of the defect — with a ruler, coin, or credit card for scale; from multiple angles; showing the approach and surrounding area
Photographs of your injuries — taken immediately after and as you heal
Exact location details — Google Maps pin, the nearest house number or landmark, the name of the street
Witness details — names and contact numbers of anyone who saw the accident
Medical records — attend A&E or your GP promptly and describe exactly how the accident happened
Previous complaints — check whether the defect was previously reported to the council via their public reporting tool or FixMyStreet. Prior reports establish that the council knew of the risk.

How Much Compensation Could You Receive?

Compensation in pavement trip and pothole claims follows the same structure as all personal injury cases — general damages for the injury and special damages for financial losses. For a fuller breakdown of what claims are worth, see our guide on average personal injury compensation payouts in the UK.

Common injuries in pavement trip cases and their approximate ranges under the Judicial College Guidelines (18th edition, April 2026) include:

Injury	Approximate Range
Fractured wrist (complete recovery)	£3,530 – £5,870
Ankle injury — moderate (some residual)	£13,740 – £26,590
Knee injury — moderate	£14,840 – £26,190
Shoulder injury — serious	£19,200 – £48,030
Hip fracture (significant)	£39,170 – £52,500
Back injury — moderate (ongoing symptoms)	£27,760 – £38,780

In addition, you can recover lost earnings, medical and rehabilitation costs, travel expenses, and any care costs.

How Long Does a Council Claim Take?

Claims against local authorities tend to take 12 to 24 months from instruction to settlement. Councils often deny liability initially and instruct specialist highway defence solicitors. However, with strong evidence, the majority of cases settle before trial.

No Win, No Fee Pavement and Pothole Claims

NJS Law handles all pavement trip and pothole claims on a No Win, No Fee basis. There is no financial risk to you in finding out whether you have a claim. If we take your case on, we will request the council’s inspection records, commission expert evidence if required, and pursue full compensation on your behalf.

Speak to a specialist solicitor today

Free, confidential, no obligation

Frequently Asked Questions

Can I claim against the council for tripping on a pavement?

Yes. Under section 41 of the Highways Act 1980, local authorities have a statutory duty to maintain public highways in a safe condition. If a defect in the pavement caused your accident and the council failed in its maintenance duty, you may have a valid claim. The council may raise a section 58 defence arguing it had a reasonable inspection system — your solicitor will challenge this with evidence.

What size does a pavement defect need to be?

There is no legal minimum. The 25mm threshold used by some councils is an internal maintenance guide, not a legal bar to claiming. Courts assess whether the defect was dangerous to an ordinary pedestrian in the circumstances — taking account of depth, height, location, lighting, and visibility. Claims on defects smaller than 25mm do succeed.

How do I find out if the defect was previously reported?

Check the FixMyStreet website (fixmystreet.com), your local council’s online pothole/fault reporting tool, and search your council’s website for any published inspection reports for the road or path. If there are prior reports or complaints about the same defect, this significantly strengthens the claim by showing the council had notice of the hazard.

How long do I have to make a claim against the council?

Three years from the date of your accident under the Limitation Act 1980. Exceptions apply for children (three years from their 18th birthday) and those who lack mental capacity. Do not delay — councils repair defects after accidents are reported, and the physical evidence disappears. Your photographs are crucial. Read more in our guide on personal injury claim time limits in England and Wales.

What if the pothole was in a private car park rather than a public road?

The Highways Act 1980 does not apply to private land. If the pothole was in a private car park, access road, or privately maintained estate road, the claim would be against the landowner or managing company under the Occupiers’ Liability Act 1957. NJS Law handles both types of claim — contact us to discuss the specific location of your accident.

Can I claim if a pothole damaged my car or bicycle?

Yes, though vehicle damage claims are handled differently from personal injury claims. You can report a pothole that damaged your vehicle to the council and claim the cost of repairs under the Highways Act 1980. If you were also physically injured, you would bring a personal injury claim alongside the vehicle damage claim. NJS Law specialises in personal injury — for vehicle damage-only claims, your motor insurer may handle the recovery.

This article is for general information only and does not constitute legal advice. The law applies differently depending on the specific facts of your case. For advice on your specific circumstances, please contact NJS Law directly.

For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s pavement accident claims service page.

CONTACT US

Get in touch using the form below or via the following methods:

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For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

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Tags Personal Injury, personal injury claim, personal injury claims

Personal Injury

Slip, Trip and Fall Claims: Your Complete Compensation Guide

Post author By mcpicadofelipe
Post date 2 June 2026

LEGAL GUIDE · ENGLAND & WALES

mcpicadofelipe

⚖️No Win No Fe

⭐5-Star Rated

🩹Personal Injury Specialists

🏛️ About NJS Law

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Slipping on a wet floor, tripping over a raised pavement slab, or falling because of a poorly maintained step — these accidents happen every day across England and Wales. If you were injured in a slip, trip, or fall that was caused by someone else’s negligence, you may be entitled to compensation.

This guide explains who is legally responsible, what you need to prove, what your claim could be worth, and how to start the process with no upfront cost.

Time limit: You have three years from the date of your accident to make a claim in England and Wales. For children, the clock starts on their 18th birthday. Do not wait — evidence is harder to gather as time passes. For a full explanation, see our guide on personal injury claim time limits in England and Wales.

Want a estimate for your specific injury?

Get a free assessment from our personal injury team today.

Who Is Responsible for Your Slip, Trip or Fall?

Responsibility depends on where your accident happened. The law places a duty of care on those who control premises and public spaces.

Accidents in Shops, Supermarkets and Businesses

The Occupiers’ Liability Act 1957 requires businesses to take reasonable care to keep their premises safe for visitors. If you slip on a wet floor that was not properly signposted, trip on a raised mat, or fall down a poorly lit staircase, the business that occupies those premises may be liable.

Courts consider whether the hazard was foreseeable and whether the business had an adequate system for identifying and addressing risks — such as regular floor inspections and proper cleaning schedules. A business cannot simply blame a one-off spill if it had no monitoring system in place.

Accidents on Pavements and Public Roads

If you tripped on an uneven pavement slab, fell into a pothole, or slipped on an icy path, the Highways Act 1980 (section 41) may apply. Local authorities have a statutory duty to maintain the public highway in a safe condition. If a defect such as a raised slab or sunken manhole cover caused your accident, the council may be liable. Our guide on pavement trip and pothole claims against the council explains this in more detail.

However, councils have a statutory defence under section 58 of the Act if they can show they had a reasonable system of inspection and repair in place and that they acted on any known defects. This is why gathering evidence quickly — including photographs — is so important.

Accidents in Rented or Communal Properties

If you slipped or tripped in a communal area of a block of flats, on a staircase in a rented property, or in a managed car park, the landlord, managing agent, or property management company may owe you a duty of care.

Accidents at Work

Slip and trip accidents are one of the leading causes of workplace injury. Employers have specific duties under the Health and Safety at Work Act 1974 and the Work at Height Regulations 2005. If your employer failed to manage these risks, you may have an employer’s liability claim rather than (or in addition to) a public liability claim.

What Do You Need to Prove?

To succeed in a slip, trip, or fall claim, you need to show:

A duty of care existed — the occupier, local authority, or employer was responsible for the safety of the place where you were injured
They breached that duty — they failed to take reasonable steps to prevent the hazard or to warn you about it
The breach caused your injury — the slip, trip, or fall directly caused the injuries you suffered

The hardest element to prove is usually breach. The defendant will often argue that the hazard was not present for long enough for them to have known about it and dealt with it. This is known as the “transient hazard” defence. Evidence of how long the hazard was present — CCTV timestamps, cleaning records, witness evidence — is crucial.

What Evidence Do You Need?

The stronger your evidence, the stronger your claim. Collect as much as possible at the time of the accident:

At the Scene

Photographs: Capture the hazard from multiple angles — close-up and wider shots showing the context. Photograph any wet floor signs (or their absence), the condition of the floor or pavement, and your injuries.
Video: If it is safe to do so, record a short video of the scene.
Witnesses: Get names and contact details from anyone who saw the accident happen.

As Soon as Possible After

Report the accident: To the manager, shop owner, or relevant authority. Ask for a copy of the accident report or book entry.
Request CCTV: Write to the premises owner immediately — footage is usually overwritten within 28–31 days. Preserve all recordings from the date and time of your accident.
Seek medical attention: Visit your GP or A&E, describe exactly how the accident happened, and keep copies of all medical records and correspondence.
Keep receipts: For any costs you incur — prescriptions, travel to appointments, physiotherapy, and time off work.

Measurement matters: For pavement trips, evidence of the defect’s depth or height is important. Courts have not set a rigid minimum measurement as an automatic bar to claiming, but the size and condition of the defect is a key factor in assessing foreseeability of harm.

How Much Compensation Could You Receive?

Compensation in slip, trip, and fall claims falls into two categories. General damages cover the pain, suffering, and impact on your quality of life. Special damages cover your financial losses. For a broader picture, see our guide on average personal injury compensation payouts in the UK.

The Judicial College Guidelines (18th edition, April 2026) are used to value the injury element. Common injuries from slips, trips, and falls and their approximate ranges include:

Injury	Approximate Range
Minor soft tissue injury (recovery under 3 months)	Up to £3,150
Ankle injury — moderate (some residual symptoms)	£13,740 – £26,590
Knee injury — moderate (lasting symptoms)	£14,840 – £26,190
Wrist fracture — complete recovery	£3,530 – £5,870
Shoulder injury — serious (surgery required)	£19,200 – £48,030
Hip fracture (significant)	£39,170 – £52,500

What If You Were Partly to Blame?

If the defendant argues that you contributed to your accident — for example, by looking at your phone, wearing inappropriate footwear, or ignoring a warning sign — your compensation may be reduced. This is called contributory negligence under the Law Reform (Contributory Negligence) Act 1945. A 20% reduction, for example, would reduce a £10,000 award to £8,000.

Importantly, contributory negligence does not bar you from claiming altogether. Even if you were partly responsible, you can still recover the portion of your loss that was the defendant’s fault.

No Win, No Fee Slip and Fall Claims

NJS Law handles all slip, trip, and fall claims on a No Win, No Fee basis. You pay nothing to start your claim. If your claim is unsuccessful, you owe nothing. If you win, we deduct a success fee from your compensation — agreed with you in advance. The financial risk stays with us, not you.

Speak to a specialist solicitor today

Free, confidential, no obligation

Frequently Asked Questions

Can I claim if I slipped on a wet floor in a supermarket?

Yes, if the wet floor was not properly signposted or if the business failed to have an adequate inspection and cleaning system in place. The supermarket must take reasonable steps to prevent foreseeable hazards. If they failed to do so and you were injured, you have grounds for a claim.

How long does a slip and fall claim take to settle?

Most straightforward slip and fall claims resolve within 9 to 18 months. Disputed liability cases or those involving serious injuries can take longer — sometimes two to three years. Your solicitor will keep you updated at every stage and advise on when and whether to accept any offer made by the defendant’s insurer.

What if there were no witnesses?

The absence of witnesses does not prevent you from making a claim. Your own account of events, medical evidence, photographs of the scene, and CCTV footage can all establish what happened. Courts accept claimant evidence where it is consistent and credible.

Can I claim if I fell outside a shop but not inside it?

Yes. The duty of care under the Occupiers’ Liability Act 1957 can extend to the area immediately outside a business premises if it is maintained by or within the control of that business — such as a private car park, entrance steps, or forecourt. If the defect was on a public highway, the claim would be against the local authority under the Highways Act 1980 instead.

Is there a minimum size for a pavement defect to make a claim?

There is no rigid legal minimum. Historically, many councils have used a 25mm depth as an informal guide for repairs, but courts do not apply a fixed threshold. A trip on a 15mm defect can succeed if all other circumstances support the claim — including the location, lighting, and visibility of the hazard. What matters is whether the defect made the surface dangerous to ordinary pedestrians taking reasonable care.

For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s slip and trip claims service page.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Personal Injury, personal injury claim, personal injury claims