If you have been injured through someone else's fault and want compensation, your claim follows a defined legal process in England and Wales. Most claims settle without ever reaching a trial, but knowing the steps (and the strict deadlines) helps you protect your position. Here is a plain-English guide.
Step 1: Mind the time limit
Personal injury claims have a strict limitation period of three years from the date of the accident, or from the date you knew your injury was significant and linked to someone's fault (Limitation Act 1980). For children it runs from their 18th birthday; for those lacking mental capacity, time may not run. Missing the deadline usually ends the claim, so act early.
Step 2: The pre-action protocol
Before court, the parties must follow the relevant Pre-Action Protocol:
- the Pre-Action Protocol for Personal Injury Claims, or
- for many lower-value workplace and road accidents, the Low Value Personal Injury (EL/PL or RTA) Protocols and the online Claims Portal.
This involves a letter of claim to the defendant, the defendant's insurer investigating and responding (admitting or denying liability), and the parties exchanging information. The claimant usually obtains medical evidence about the injury and its effects.
Step 3: Valuing the claim
The claim is valued in two parts:
- General damages, for pain, suffering and loss of amenity (guided by medical evidence and established guidelines); and
- Special damages, financial losses (lost earnings, care, treatment, travel, equipment), including future losses in serious cases.
Step 4: Negotiation and settlement
Most claims settle through negotiation, often after liability is admitted and the medical position is clear. Part 36 offers (formal settlement offers under the Civil Procedure Rules) are a key tool, rejecting one and then doing worse at trial can carry costs penalties. Settlement can happen at any stage.
Step 5: Issuing court proceedings
If the claim cannot be settled (or to protect the limitation deadline), the claimant issues proceedings under the Civil Procedure Rules (CPR). The claim is allocated to a track by value and complexity:
- small claims track (lower-value claims);
- fast track and intermediate track (mid-range); and
- multi-track (higher-value or complex claims).
The court sets a timetable for statements of case, disclosure of documents, witness statements, expert evidence and a trial date.
Step 6: Trial (the exception, not the rule)
If still unresolved, the case goes to trial, where a judge decides liability (if disputed) and the amount of damages. Costs generally follow the event, but personal injury claimants usually benefit from qualified one-way costs shifting (QOCS), meaning an unsuccessful claimant is often protected from having to pay the defendant's costs except in specified circumstances (such as fundamental dishonesty). In practice, only a small minority of claims reach trial.
Funding
Many personal injury claims are funded by "no win, no fee" (conditional fee) agreements, sometimes with after-the-event insurance to cover costs risk.
Key takeaways
- Act within three years (from the accident or date of knowledge; different rules for children and those lacking capacity).
- Follow the relevant pre-action protocol, letter of claim, the insurer's response on liability, and medical evidence.
- The claim is valued as general (pain and suffering) plus special (financial) damages, and most claims settle, Part 36 offers drive this.
- If not settled, issue under the CPR, get allocated to a track, and only rarely proceed to trial; claimants generally benefit from QOCS costs protection.
Sources
- Limitation Act 1980 (three-year limitation; date of knowledge; children and incapacity)
- Civil Procedure Rules and the Pre-Action Protocols for Personal Injury / Low Value EL, PL and RTA claims; Part 36 offers
- Damages for personal injury (general and special damages); conditional fee ("no win, no fee") funding
--- This article is general information about the law of England & Wales as at 2026, not legal advice. Personal injury claims have strict deadlines, consult a qualified solicitor promptly.