Last Updated 24th March 2025. Have you or someone you know had an accident that was not your fault? If so then you could make a personal injury compensation claim.
Whether it is a road traffic accident, an accident at work or out in a public place, you could make a claim if the incident happened due to the fault of a responsible person. This guide about the personal injury claims process will help you understand who is eligible to make a claim, what type of accidents can cause an injury, how long you have to start a case and whether you can claim on behalf of someone else.
Evidence is crucial to support a personal injury claim, so we provided advice on what you could gather to prove your case, along with how compensation is calculated and, finally, how our expert No Win No Fee solicitors will help you.
To take advantage of our outstanding services for a free, confidential, no-obligation chat, please get in touch with us using the details below:
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Browse Our Guide
- What Is A Personal Injury Claim?
- What Types Of Personal Injury Claims Can I Pursue?
- How Long Do I Have To Make A Personal Injury Claim?
- Can I Claim Personal Injury Compensation On Someone Else’s Behalf?
- How Do I Prove A Personal Injury Claim?
- How Are Personal Injury Claims Calculated?
- Can I Claim For Financial Losses Caused By My Injury?
- Is Personal Injury Compensation Taxable?
- How Long Can Personal Injury Claims Take?
- Can I Make A Personal Injury Claim On A No Win No Fee Basis?
What Is A Personal Injury Claim?
It is a claim that can be made if you have suffered an injury as a result of an accident that was not your fault. It can be a car accident, a workplace accident or an accident in a public place. However, firstly, we need to establish a duty of care.
- Was there a duty of care owed?
- Was that duty of care breached?
- Did the breach of duty cause injury and/or illness
What Type Of Personal Injury Claims Can I Pursue?
As mentioned above types of accidents:
- Road Traffic Accident – Each road user owes a duty of care to each other, ensuring they navigate the roads safely. This includes bus drivers, motorbikes and cyclists. This means all road users must adhere to the relevant rules found in the Road Traffic Act 1988 along with The Highway Code – Guidance. For example if a speeding car fails to stop, colliding with another vehicle on the road, those injured would be eligible to make a personal injury claim.
- Accidents at work – Every employer owes a duty of care to their employees to ensure their safety whilst performing work duties outlined in the Health and Safety at Work, etc. Act 1974. – For example, if your employer fails to provide you with manual handling training but asks you to conduct lifting and moving tasks should you be injured, you could have the right to make an accident at work claim.
- Accident in a Public Place – The person and/or persons who occupy the public area owe a duty of care to all visitors who use the space for its intended purpose to ensure they are reasonably safe, which is outlined in the Occupiers’ Liability Act 1957. For example, a restaurant manager fails to clean up or signpost a spillage that they are aware of. If a customer slipped and fell, they could claim compensation for the injury suffered. This area of personal injury law also covers accidents in activity centres, such as trampoline parks, and incidents in shops and supermarkets
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How Long Do I Have To Make A Personal Injury Claim?
The time frame for bringing a personal injury claim against the third party is 3 years from the date of the accident or the date you were made aware of the harm. This is outlined in the Limitation Act 1980.
There are exceptions to the limitation period which we discuss in the next section.
If you would like to learn more about whether you are eligible to make a personal injury claim, call our advisors today.
Can I Claim Compensation On Someone Else’s Behalf?
You can make a claim on behalf of someone else.
- Should the person who had the accident be a minor (under 18), then a person over the age of eighteen can apply to the court to become a litigation friend on behalf of the minor and start the claim for them. A minor can not legally make their own claim. Therefore, whilst the injured party is a minor, the time limit is paused. It is only when the minor turns 18 that the 3-year time limit is reinstated.
- Another exception to the rule is if the injured person is an adult but does not have the mental capacity to make their own claim. In that case, a person can make an application to become a litigation friend, and pursue the claim on their behalf. Again, the time limit here will be paused and will only begin if the injured party regains mental capacity.
Our expert solicitors can assist you in becoming a litigation friend, should this be the case.
If you believe that someone you know has suffered an accident but you thought it was too late due to their age or circumstances, then please get in touch with us to discuss this matter in further detail.
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How Do I Prove A Personal Injury Claim?
It is really important to obtain as much evidence as you can, as this will assist with your claim and help us get you the best outcome after suffering harm.
Examples of this could be:
- CCTV / Dashcam footage – this can be footage from a local authority, cars (dashcam) even a RING doorbell would support and assist as evidence.
- Medical evidence – medical records.
- Photographs – these can be of the location where the accident took place. For example, if you fell down a manhole, taking a picture showing it broken can really help. You could also photograph your injuries or anything else that would support your claim.
- Witness details – obtaining witness contact details will allow one of our experts to contact the witness at a later date. They will be able to draft the witness statement, corroborating your version of events.
Any of the above would suffice as evidence in a personal injury claim.
How Is A Personal Injury Claim Calculated?
Claims are divided into both general damages and special damages. General damages are for your pain, suffering and loss of amenity including any mental anguish you may have incurred. However, special damages are for financial losses you may have had, details of which can be found in the next section.
The person responsible for valuing your claim with use both your medical report and a document known as the Judicial College Guidelines (JCG). Below is a table with the guidelines taken from this document and corresponding injuries.
Please note the first insert in the table has not been taken from the JCG.
| Injury | Severity | Amount |
|---|---|---|
| Multiple injuries inc special damages | Extremely Severe | Up to £1,000,000 plus |
| Leg | Amputations (a)(i) | £293,850 to £344,150 |
| Severe (b)(i) | £117,460 to £165,860 | |
| Severe (b)(iv) | £33,880 to £47,840 | |
| Head and/or Brain Damage | Moderate (c)(i) | £183,190 to £267,340 |
| Moderate (c)(ii) | £110,720 to £183,190 | |
| Moderate (c)(iii) | £52,550 to £110,720 | |
| Back | Severe (a)(i) | £111,150 to £196,450 |
| Moderate (b)(i) | £33,880 to £47,320 | |
| Neck | Severe (a)(i) | In the region of £181,020 |
| Severe (a)(ii) | £80,240 to £159,770 | |
| Severe (a)(iii) | £55,500 to £68,330 | |
| Arm | Severe (a) | £117,360 to £159,770 |
| Less severe (c) | £23,430 to £47,810 | |
| Knee | Severe (a)(i) | £85,100 to £117,410 |
| Severe (a)(ii) | £63,610 to £85,100 | |
| Severe (a)(iii) | £31,960 to £53,030 | |
| Shoulder | Severe (a) | £23,430 to £58,610 |
| Serious (b) | £15,580 to £23,430 |
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The amounts shown above are only guidelines and are not guaranteed due to every claim being different.
If you’d like to find a larger list of compensation payouts, see our dedicated guide here
Can I Claim For Financial Losses Caused By My Injury?
Yes, you can claim for financial losses. These are what we call special damages.
Examples:
- Loss of earnings, including future loss of earnings – Wage slips (pre and post-accident), which will allow us to calculate an average loss. If you are self-employed then we would require tax-returns.
- Travel costs (to medical appointments) – Receipts or travel tickets for any travel you may have to do to get to essential medical appointments.
- Care & Assistance (if someone has had to take care of you at any time) – Calculate the hours that someone has taken care of you, and we can potentially recover a loss.
- Damaged goods (phone, clothing, bike, car) – Keep receipts, bank statements and anything that would prove that you owned the item that has been damaged.
Is Personal Injury Compensation Taxable?
The short answer is no; any compensation that you receive is not taxable. Whether you receive the compensation in a lump sum or in instalments, it is tax-free.
The reason for this is that most taxes are based on income and/or earnings, and compensation doesn’t fall into that category.
How Long Can A Personal Injury Claim Take?
If you have suffered from an accident that was not your fault, you may want to start a personal injury claim. However, as you may have many responsibilities and commitments in life, you may be worried about how long the claims process will take.
The circumstances of all claims differ. So, unfortunately, we cannot specifically state how much time it may take to settle your personal injury claim. However, we have a driven team of advisors and experienced solicitors who will work tirelessly to ensure your claim is resolved in a reasonable timeframe.
A myriad of factors may determine the length of your injury claim in the UK, which we will help you overcome, such as:
- Whether or not the third party has admitted liability, if the third party disputes liability, this may delay the claims process
- The time it takes to gather evidence and prove liability, however, our solicitors can help you with this
- Whether you are still suffering from your injuries or still receiving treatment such as physiotherapy
- The time it takes to calculate your compensation award from your injuries and losses
Regardless of the circumstances of your claim, our experienced solicitors will be available to help you throughout the entire claims process. They will work hard to ensure you receive a compensation award as quickly as possible.
If you have any questions regarding personal injury claims, please do not hesitate to contact our helpful advisors today. They can also help you start a claim, the sooner you do so, the sooner our solicitors can get started on your claim.
Can I Make A Personal Injury Claim On A No Win No Fee Basis?
Making a personal injury claim with the help of a No Win No Fee Basis could make the whole process feel smoother and less stressful.
The benefits of working with a No Win No Fee solicitor are:
- No upfront solicitor fees.
- No solicitor fees as the case moves along.
- Should the case fail, there are no solicitor fees to pay.
Working with our No Win No Fee expert personal injury solicitors means you only pay a success fee when you win your compensation claim. This fee is a legally capped percentage of your compensation which ultimately means you benefit the most.
You can also learn more about us here.
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