Frequently Asked Questions (FAQs) About Personal Injury Claims

If you’re looking to learn more, our personal injury FAQs may help. Below, we’ve provided answers to some of the most popular questions in this area of law. You can also find links to guides that you may find useful.

Remember, if you have any questions and would rather speak to someone, call our free legal helpline, which you can find at the top of the page.

How Long Do Personal Injury Claims Take?

There’s no definitive time for how long a personal injury claim takes. A number of factors can influence the claims process, such as:

• The severity of the injuries – if an injury is serious and takes time to heal, the claim may not be able to resolve until the path to recovery is clearer. The reason is that if there are complications, you could under-settle your claim.
• The strength of the evidence – if you have evidence that proves overwhelmingly that the defendant was at fault, such as CCTV footage, then the defendant may choose to settle the claim early
• Whether the defendant disputes liability – if the defendant believes they can fight the claim, they may not choose to settle

So in straightforward cases, with simple injuries that heal without complication and where liability is admitted, a claim may resolve within 12 to 18 months.

More complicated cases involving the points detailed above may see the case go on longer.

How Are Personal Injury Claims Calculated?

If you’re interested in making a personal injury claim, it’s helpful to understand how the value of injuries is calculated.

There are two forms of compensation, otherwise known as “heads of claim”. The first is called general damages. This aims to compensate you for the physical pain, psychological suffering and impact on your quality of life.

Generally, the more severe a physical or psychological injury is, and the longer it takes to recover from it, the higher the value of the claim.

To determine this valuation, your solicitor will, as part of the personal injury claims process, arrange for you to be examined by an independent medical expert. That expert will assess your injuries and their findings will be used to value your case.

To help guide this valuation, your lawyer may refer to the guidelines of the Judicial College, which details compensation awards made by the courts for all different types of injuries.

On top of general damages, you can also claim special damages. This compensates you for any financial losses that you’ve suffered because of the injury. It can include:

• Loss of earnings
• Costs incurred travelling because of the injury, such as getting taxis if you can’t drive
• Medication costs, like prescriptions for painkillers
• Care costs if you had to pay anyone to support you around the house

This list isn’t exhaustive. We can provide more relevant advice once we know more about your case, so feel free to get in touch on the number at the top of this page.

How Often Do Personal Injury Claims Go To Court?

While there’s no definitive amount, the average percentage of personal injury claims that go to court is around 5%. That means 95% of claims either resolve or are discontinued before they reach this stage.

Learn More About Personal Injury Law

Below, you can find more guides on personal injury law that you may find useful:

• What happens if a barber cuts you? This guide discusses your legal rights to claiming compensation
• Learn if a whiplash claim can be refused through our helpful whiplash injury claim guide.
• If you’d like more information on slip and fall claims, check out this page. You can find compensation amounts for different injuries and discover the time limits for making a claim.
• For more advice and guidance on claiming personal injury compensation, head here. You can find details on the claims process and potential compensation awards

If you have any other questions not covered by our personal injury FAQs, please get in touch.