"Personal injury" is a legal term for harm to a person (physical or psychological) usually caused by someone else's fault. If you have been injured because of another's negligence or breach of duty, you may be entitled to compensation. Here is a plain-English guide for England and Wales.
What counts as a personal injury
A personal injury claim is a civil claim for compensation for injury caused by another party's negligence or breach of a legal duty. "Injury" includes:
- physical injury (from a minor sprain to life-changing harm);
- psychological injury (such as a recognised psychiatric condition); and
- illness or disease caused by another's fault (e.g. industrial disease).
The essence of most claims is negligence: the defendant owed you a duty of care, breached it, and that breach caused your injury.
Common types of personal injury claim
- Road traffic accidents (RTAs), injuries from car, motorcycle, cycle or pedestrian collisions.
- Accidents at work, employer's liability claims where an employer failed to provide a safe system of work or equipment.
- Occupiers' liability, injuries on someone's premises (shops, public places) due to unsafe conditions.
- Clinical (medical) negligence, harm caused by substandard medical treatment.
- Product liability, injuries caused by defective products.
- Public liability, injuries caused by a business or body's negligence in public spaces.
What you can claim
Compensation ("damages") in a personal injury claim typically has two parts:
- General damages, for the pain, suffering and loss of amenity (the injury itself and its effect on your life); and
- Special damages, for financial losses caused by the injury, such as lost earnings, medical and care costs, travel, and equipment.
In serious cases, damages can include future losses (e.g. ongoing care or lost earning capacity), sometimes as periodical payments.
The time limit: usually three years
There is a strict time limit. You generally have three years from the date of the accident (or from the date you knew (or should have known) your injury was significant and linked to someone's fault) to bring a claim (Limitation Act 1980). Important exceptions:
- for children, the three years runs from their 18th birthday; and
- for those who lack mental capacity, time may not run while incapacity continues.
Don't delay, evidence fades and deadlines are unforgiving.
How claims work
- Most claims start with the relevant Pre-Action Protocol (for personal injury, or the low-value EL/PL/RTA schemes and online portals for smaller claims).
- The claim is run under the Civil Procedure Rules and allocated to a track by value and complexity.
- The vast majority settle without a trial; many are funded by "no win, no fee" (conditional fee) agreements.
Key takeaways
- Personal injury is physical or psychological harm caused by another's negligence or breach of duty, giving a civil claim for compensation.
- Common contexts: road traffic, work, occupiers' liability, clinical negligence, product liability and public liability.
- Damages cover pain and suffering (general damages) and financial losses (special damages), including future losses in serious cases.
- The usual time limit is three years (from injury or knowledge), with special rules for children and those lacking capacity, act promptly.
Sources
- General law of negligence and the duty of care; the Limitation Act 1980 (three-year limitation for personal injury; date of knowledge)
- Specific regimes: employer's liability, Occupiers' Liability Acts 1957 and 1984, clinical negligence, Consumer Protection Act 1987 (product liability)
- Civil Procedure Rules and the Pre-Action Protocols for personal injury / low-value EL, PL and RTA claims
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.