- What Are Claims for Personal Injury? Claims for personal injury are legal actions taken to recover compensation after someone suffers physical or psychological harm due to another party’s negligence or wrongdoing. These claims can arise from accidents in public, at work, on the road, or even due to medical errors.
- Who Can Make a Personal Injury Claim? You may be eligible to claim if:
- You’ve been injured due to someone else’s negligence
- The injury happened within the last three years
- You’ve suffered financial loss or disruption to your life
- You’re acting on behalf of a child or someone without mental capacity
- Types of Personal Injury Claims
- Road traffic accidents: Car, motorcycle, pedestrian, cyclist injuries
- Workplace accidents: Slips, machinery injuries, lifting accidents
- Public liability: Slips in shops, pavement accidents, injuries in public places
- Medical negligence: Misdiagnosis, surgical errors, treatment mistakes
- Criminal injury: Assaults, abuse, or attacks
- Industrial disease: Asbestos exposure, hearing loss, repetitive strain
- What Can You Claim Compensation For? A personal injury claim may include:
- General damages: For pain, suffering, and loss of amenity
- Special damages: Covering financial losses like:
- Medical bills and treatment
- Lost income and future earnings
- Travel expenses
- Care and support costs
- Property damage
- How Are Personal Injury Claims Valued? Compensation amounts depend on:
- The type and severity of the injury
- Length of recovery or permanent disability
- Impact on your ability to work or enjoy life
- Psychological effects (e.g., PTSD, depression)
- Time Limit for Personal Injury Claims You generally have three years to start a claim from:
- The date of the accident or injury
- The date you became aware that negligence caused the injury
- How to Prove a Personal Injury Claim To build a successful case, your solicitor will gather:
- Medical reports and diagnosis
- Accident reports (e.g., workplace or police)
- Witness statements
- Photographs of the scene and injuries
- Proof of expenses and income loss
- No Win No Fee Personal Injury Claims Many claims are made under a no win no fee agreement (Conditional Fee Agreement):
- No upfront legal fees
- You only pay if your claim is successful
- A capped success fee (up to 25%) is deducted from your compensation
- Often includes After-the-Event (ATE) insurance to protect you from other costs
- Can You Claim for Psychological Injuries? Yes. Psychological trauma is just as valid as physical injury. You may claim for:
- PTSD
- Anxiety or depression
- Sleep disorders
- Emotional distress from trauma
- Do Personal Injury Claims Go to Court?
- Most claims settle out of court
- Court is only required if the insurer disputes liability or offers an unfair settlement
- Your solicitor will represent you and handle all legal proceedings if necessary
- How Long Does a Personal Injury Claim Take?
- Simple claims: 3–6 months
- Complex or serious cases: 6–24 months or more
Timing depends on the complexity, medical assessments, and cooperation from insurers.
- Can You Claim If You Were Partly at Fault?
Yes. You may still receive compensation under contributory negligence, though your payout may be reduced based on your share of fault.
- Children and Personal Injury Claims
A parent or guardian can claim on behalf of a child. If no claim is made during childhood, the child can make a claim after turning 18 (until they turn 21).
- What If the Responsible Party Has No Insurance?
- In road accidents: Claim via the Motor Insurers’ Bureau (MIB)
- In public or work-related incidents: Check if they have employer or public liability insurance
- If no insurance exists, your solicitor can advise on alternative options
- How to Start a Personal Injury Claim
- Contact a solicitor for a free consultation
- Share details of your injury, accident, and losses
- Your solicitor will assess your case and recommend next steps
- If accepted, you’ll sign a no win no fee agreement
- The claim process begins, including gathering evidence and arranging medical assessments
Frequently Asked Questions
- Is there a minimum injury severity to claim?
No. Even minor injuries with financial or emotional impact may qualify. - Can I claim if I didn’t go to the hospital?
Yes, but medical evidence is still needed. You may need to attend a medical assessment. - Do I need a solicitor?
You’re not required to use a solicitor, but doing so improves your chances of success and higher compensation. - Will making a claim affect my job?
No. It is illegal for your employer to treat you unfairly for making a valid claim. - How much will I receive?
Payouts range from a few hundred pounds for minor injuries to hundreds of thousands for serious cases. - Is personal injury compensation taxable?
No. Compensation for personal injury is generally not subject to tax in the UK.
Conclusion
Claims for personal injury provide a legal route to compensation for those hurt due to someone else’s negligence. Whether your injury was caused by a car accident, workplace incident, or medical error, the right legal help ensures your voice is heard and your losses are fairly compensated. With no win no fee options widely available, starting your claim is simple, safe, and risk-free.