Reviewed by Leanne Henton, Solicitor & Head of Personal Injury and Medical Negligence Claims at NJS Law · Last reviewed July 2026 · England & Wales
Personal injury claims: a step-by-step guide to compensation
◆ In short
A personal injury claim lets you seek compensation when you are injured because someone else failed to take reasonable care for your safety. In England & Wales you usually have three years from the date of the accident (or from when you realised your injury was linked to negligence) to claim. Most cases settle without court, and claims are typically funded on a no win, no fee basis.
Personal injury claims arise where someone suffers harm because another party failed to take reasonable care for their safety. These injuries may occur suddenly — for example in a road traffic accident or workplace incident — or develop over time through unsafe systems of work, defective equipment, or a failure to act. This guide walks through how personal injury claims work in England & Wales, from protecting your health through to settlement and compensation.
Related services: Personal Injury Claims · Accident at Work Claims · Road Traffic Accident Claims · Serious Injury Claims
Can you make a personal injury claim?
Not every accident leads to a valid claim. The legal test focuses on responsibility and avoidable harm, and a successful claim usually needs to establish three things:
Duty of care — the person, company or organisation responsible had a legal obligation to take reasonable steps to prevent foreseeable harm.
Breach of duty — that duty was breached because reasonable care was not taken, for example through unsafe systems of work, poor training, a failure to carry out inspections, or ignoring hazards.
Causation — the breach caused your injury, or made an existing condition worse. The injury would not have happened, or would have been significantly less severe, if proper care had been taken.
You may still be able to claim even if you were partly responsible. This is known as contributory negligence: your compensation may be reduced in proportion to your share of fault, but you are not prevented from claiming.
Why personal injury claims are different
Personal injury claims can differ significantly depending on how and where the injury occurred, but they share common features. Injuries may not be immediately apparent — some are delayed, and symptoms can worsen over time. Employers or organisations may dispute responsibility. Claims are heavily evidence-driven, and the financial impact often continues long after the incident.
Common types of personal injury claim
- Road traffic accidents
- Accidents at work
- Slips, trips and falls
- Defective products
- Accidents resulting in serious or life-changing injuries
Learn more in our guide to the different types of personal injury claim.
The 6 steps of a personal injury claim
Step 1
Protect your health and create a medical paper trail
Your health always comes first. Even if an injury seems minor, seeking medical attention ensures it is properly assessed and recorded. Contemporaneous medical records are vital evidence — they show when symptoms began, how injuries were described, whether they were consistent with the incident, and how recovery progressed. If symptoms appear days or weeks later, seek advice promptly and ensure the link to the original incident is recorded; delayed symptoms do not invalidate a claim.
Step 2
Gather evidence that supports what happened
You are not expected to investigate your own case or confront anyone involved. However, evidence you already have can significantly strengthen a claim — photographs of injuries, hazards or damage; witness details; accident book entries; incident or RIDDOR reports; police reference numbers; and correspondence with insurers. Keep records of all financial losses too, including lost earnings, medical expenses, travel, care, and any equipment or adaptations.
Step 3
Check whether you can claim
Not every accident leads to a claim — it needs to show duty of care, breach and causation. If you were partly responsible, you may still claim under contributory negligence, with compensation reduced in proportion to your share of fault. An initial assessment can usually clarify your prospects quickly.
Step 4
Starting your claim and the Pre-Action Protocol
Once you instruct a solicitor, they follow the Pre-Action Protocol for Personal Injury Claims — obtaining records and evidence, sending a formal Letter of Claim to the defendant, instructing independent medical experts, and allowing the defendant time to investigate and respond. Many claims resolve at this stage, without court proceedings.
Step 5
Medical evidence and valuing compensation
Independent medical experts assess the severity of your injuries, whether recovery is complete, and the long-term impact and prognosis. Their reports are specific to your circumstances and form the basis for valuing your claim. If liability is admitted, interim payments may be available to help with treatment or financial pressure before the claim concludes.
Step 6
Settlement or court proceedings
Most claims settle through negotiation without court — only a small proportion of personal injury claims reach a hearing. Your solicitor will advise on the fairness of any offers and whether further negotiation is appropriate. If court is necessary, you will be fully supported throughout. Once settled, compensation is usually paid within a few weeks, with any deductions applied transparently.
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Time limits: how long do you have to claim?
Under the Limitation Act 1980, most personal injury claims must be started within three years of the date of the accident, or of the date you first became aware that your injury was linked to negligence (the date of knowledge). Important exceptions apply:
- Children under 18 — the three-year clock starts at their 18th birthday, so a claim can be brought up to age 21.
- Lack of mental capacity — the limit is suspended while the person lacks capacity to bring a claim.
- Delayed onset — for conditions that develop gradually, time may run from the date of knowledge rather than the date of exposure.
Worried you might be running out of time? It is free to check where you stand — with no obligation.
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For a full breakdown of every scenario, see our complete guide to personal injury claim time limits.
How much compensation can you claim?
There is no fixed amount — it depends on the severity of your injury and its financial impact. The injury element is valued using the Judicial College Guidelines (JCG). Compensation is usually divided into two parts:
- General damages — for pain, suffering and loss of amenity.
- Special damages — for financial losses, both past and future: lost wages, medical treatment, travel, care, and future needs.
| Type of injury | Key factors | Indicative range |
|---|
| Minor soft tissue / whiplash | Recovery period, impact on daily activities | £1,000 – £11,000 |
| Moderate back injury | Duration of symptoms, impact on mobility and work | £12,000 – £38,000 |
| Serious back injury | Permanent symptoms, disc damage, nerve involvement | £38,000 – £170,000+ |
| Arm / shoulder injury | Severity, dominant arm affected, impact on work | £6,500 – £45,000 |
| Leg fracture (simple) | Recovery time, surgery required, long-term impact | £7,000 – £20,000 |
| Serious leg / limb injury | Multiple fractures, permanent disability, amputation | £40,000 – £130,000+ |
| Head and brain injury | Cognitive impairment, personality change, long-term care | £15,000 – £380,000+ |
| Psychological injury (incl. PTSD) | Severity, duration, impact on employment and relationships | £3,500 – £100,000+ |
Ranges are based on the Judicial College Guidelines and are for general guidance only — they are not a quote. The amount you could receive depends on the specific facts of your case. For a plain-English explanation, see our guide to general damages vs special damages.
What happened
Forklift accident — serious workplace injury
Our client suffered life-changing injuries after a forklift accident at work. Their employer had failed to provide adequate safety training or equipment. NJS Law handled every aspect of the claim — expert medical reports, negotiations with the defendant's insurers — and secured a settlement that reflected the full impact on our client's life.
Recovered
£3.7m
No win, no fee
Want to know what your claim could be worth? Our team can give you a free, no-obligation assessment.
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How long do personal injury claims take?
- Straightforward claims: often around 12 to 18 months, where liability is clear and recovery is predictable.
- More complex or serious cases: two to three years or longer, where injuries are serious, responsibility is disputed, or long-term prognosis needs to be understood before concluding.
How is a claim funded? No win, no fee explained
Most personal injury claims are funded under a no win, no fee agreement (a Conditional Fee Agreement): no upfront legal fees, no fees to pay if the claim does not succeed, and a capped deduction from compensation only if it succeeds. All funding is explained clearly before you decide whether to proceed. Read how no win, no fee works.
Why choose NJS Law for your personal injury claim?
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Specialist solicitors
Dedicated personal injury solicitors — not generalists. We handle only the claims we know we can win.
✓
No win, no fee
You pay nothing unless we win. No hidden charges, no upfront costs, no financial risk to you.
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We handle everything
From medical reports to negotiations — we manage every step so you can focus on your recovery.
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England & Wales
Based in Macclesfield, we represent clients across England and Wales, fully remote if needed.
"Every personal injury claim is different. What matters to us is understanding the full impact on your life — not just the injury itself — and fighting to make sure your compensation reflects that."
Leanne Henton — Head of Personal Injury & Medical Negligence, NJS Law
✓ SRA regulated · No. 8006550
✓ No win, no fee
★ 4.8 Trustpilot
✓ Law Society accredited
Personal injury claims are rarely just about legal rules and procedures — they are about people whose lives have been disrupted by injuries that should not have happened. Our role is to provide clarity without pressure. We prepare each case carefully and, where appropriate, seek interim payments and support access to rehabilitation. You remain in control throughout. More reasons to choose NJS Law.
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Frequently asked questions
What counts as a personal injury claim?
A personal injury claim arises when you are injured because another person, employer, business or organisation failed to take reasonable steps to prevent foreseeable harm, and that failure caused avoidable harm. It is about whether your injury could reasonably have been prevented — not about blaming someone for an unavoidable accident.
Can I still claim if the accident was partly my fault?
Yes. You may still be able to claim even if you were partly responsible. Under contributory negligence, your compensation may be reduced to reflect your share of responsibility, but this does not automatically prevent a claim. Read more on claiming when partly at fault.
What if my injury did not seem serious at first?
This is very common. Many injuries — particularly soft tissue, back, neck or psychological injuries — develop or worsen over time. Delayed symptoms do not invalidate a claim, provided medical evidence supports the link between the injury and the accident.
Will I have to attend court?
Very rarely. Only around 2–3% of personal injury claims proceed to a court hearing — the vast majority settle through negotiation. Read more about going to court.
Is there a time limit for bringing a personal injury claim?
Yes. In most cases you must start proceedings within three years of the accident, or of when you became aware your injury was linked to negligence. Exceptions apply for children, people who lack mental capacity, and certain other situations. Read more on time limits.
How much compensation could I get?
It depends on the severity of your injury and your financial losses. The injury element is valued using the Judicial College Guidelines, with financial losses added on top. See what affects compensation.
NJS Law Limited is authorised and regulated by the Solicitors Regulation Authority (SRA No. 8006550). This guide provides general information for England & Wales only and does not constitute legal advice. For advice specific to your situation, please contact our team.
More on personal injury claims
Explore specific topics in detail — part of our complete personal injury resource.
Your rights & eligibility
