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Personal Injury guide · England & Wales

Personal injury claims:a step-by-step guide to compensation

Everything you need to know about making a personal injury claim in England and Wales — who can claim, the six steps, time limits and what your claim could be worth.

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Written by Leanne Henton, Head of Personal Injury and Medical Negligence.
Reviewed by Leanne Henton on .
In short

You can claim when someone else's failure to take reasonable care causes your injury. In England and Wales you usually have three years to claim. Most cases settle without going to court, and they are usually funded on a No Win No Fee basis.

Reviewed by Leanne Henton, Head of Personal Injury and Medical Negligence, NJS LawLast reviewed: September 2026 · England & Wales

Figures verified with NJS Law on 9 November 2026.

1Can you make a personal injury claim?

To claim, three things need to be in place:

  • Duty of care — the other person or organisation owed you a duty to take reasonable care.
  • Breach — they failed to take that care.
  • Causation — that failure caused your injury.

If you were partly at fault, you can still claim. Your compensation may be reduced under the rules on contributory negligence.

2Why personal injury claims are different

Injuries can appear days or weeks later, the other side may dispute what happened, and claims depend heavily on evidence. Common types of claim include:

  • Road traffic accidents
  • Accidents at work
  • Slips, trips and falls
  • Defective products
  • Serious and life-changing injuries

3The 6 steps of a personal injury claim

Step 1Protect your health and create a medical recordGet medical attention and keep your records — they show when symptoms began and how they developed. Symptoms that appear later don't stop you claiming if they are linked to the accident.
Step 2Gather evidencePhotos, witness details, accident book entries, incident or RIDDOR reports, police reference numbers and insurer letters all help. Keep a record of lost earnings, medical costs, travel, care and equipment.
Step 3Check whether you can claimWe confirm duty, breach and causation. A free initial assessment can usually tell you your prospects quickly.
Step 4Start your claim under the Pre-Action ProtocolWe obtain your records, send a Letter of Claim, instruct independent medical experts and give the other side time to respond. Many claims are resolved at this stage.
Step 5Medical evidence and valuing your claimIndependent experts assess your injury, recovery and prognosis. If liability is admitted, interim payments may be available before the claim ends.
Step 6Settlement or courtMost claims settle through negotiation and only a small proportion reach a hearing. Compensation is usually paid within a few weeks of settlement.
Free downloadPersonal Injury Claims GuideFree PDF: we'll email and text you a private link.

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4Time limits: how long do you have to claim?

Under the Limitation Act 1980, most claims must be started within three years of the accident, or of the date you realised your injury was linked to negligence (the "date of knowledge").

  • Children — the three years start at 18, so a claim can usually be brought up to age 21. A parent can claim sooner as litigation friend.
  • Lack of mental capacity — if someone lacked mental capacity when the injury happened, the three years do not start until they regain it. If they lose capacity later, the time limit keeps running, so act quickly.
  • Delayed-onset injuries — time may run from the date of knowledge.
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5How much compensation can you claim?

Compensation has two parts: general damages for pain, suffering and loss of amenity, valued using the Judicial College Guidelines, 18th edition (2026), and special damages for past and future financial losses.

InjuryIndicative range
Minor soft tissue / whiplashFixed tariff if it was a road accident and lasted up to 2 years; otherwise a JCG band (up to £10,420 for a minor neck or back injury that recovers within two years)
Moderate back injury£16,520 to £51,230
Serious back injury£51,230 to £212,670
Arm / shoulder injuryUp to £172,970
Simple leg fractureUp to £18,600
Serious leg / limb injury£36,680 to £179,560
Head and brain injury£2,920 to £533,720
Psychological injury (incl. PTSD)£2,040 to £152,900

Indicative ranges based on the Judicial College Guidelines, 18th edition (2026). General guidance only, not a quote — financial losses (special damages) are added on top.

£3.7m
Real resultForklift accident at workA client was seriously injured in a forklift accident at work. Illustrative only — every case is different.
Read the full story

6How long do personal injury claims take?

Straightforward claimsRoughly 12 to 18 months.
Complex or serious claimsTwo to three years or longer.

7How is a claim funded? No Win No Fee explained

Most claims are funded by a Conditional Fee Agreement — No Win No Fee. You pay no upfront fees, nothing if your claim is unsuccessful, and, only if you win, a success fee from your compensation that the law caps. Your letter of engagement sets out exactly what you will pay, and we explain every term before you sign anything.

Read how No Win No Fee works

8Why choose NJS Law?

4.8 on Trustpilot from 874 reviews, £10m+ won for clients in 2025–26, and specialist solicitors who handle your claim from start to finish, across England and Wales.

Figures are compensation before any deductions.

"We take the time to understand the full impact your injury has had on your life — not just the injury itself."Leanne Henton, Head of Personal Injury and Medical Negligence

9Frequently asked questions

How much compensation could I get?
It depends on how serious your injury is and your financial losses. The injury is valued using the Judicial College Guidelines, 18th edition (2026).
What counts as a personal injury claim?
A claim where someone's failure to take reasonable steps caused you avoidable, foreseeable harm.
Can I still claim if the accident was partly my fault?
Yes. Your compensation may be reduced to reflect your share of the blame, but you can still claim.
What if my injury did not seem serious at first?
Delayed symptoms don't stop you claiming if medical evidence links them to the accident.
Will I have to attend court?
Most claims settle, though a short hearing is needed to approve settlements for children or those lacking capacity.
Is there a time limit for bringing a claim?
Generally three years from the accident or your date of knowledge, with exceptions for children and people who lack mental capacity.

10More on personal injury claims

The claims process
  • How long does a claim take?
  • Will I have to go to court?
  • Interim payments explained
  • Choosing a solicitor
  • Changing solicitors
Compensation
  • How claims are valued
  • Average compensation payouts
  • What affects compensation?
  • General vs special damages
Your rights
By type of accident
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