How does a personal injury claim work: the step-by-step process

A personal injury claim in England and Wales follows a set sequence of steps. Most of them are laid down in court rules called pre-action protocols, which every party is expected to follow before anyone goes to court. This guide walks through each step for a slip, trip or public liability claim, with the deadlines the rules actually set.

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Step 1: Check you are within the time limit

You normally have three years to start court proceedings for a personal injury claim. Time runs from the date of the accident, or from the date you first knew about the injury if that is later (Limitation Act 1980, s.11).

• For a child, the three years does not start until they turn 18 (s.28 and s.38(2)).
• The same protection applies while someone lacks mental capacity to conduct proceedings.
• The court has a discretion to allow a late claim (s.33), but you should never rely on it.

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Step 2: Gather evidence and get advice

Before the claim is sent, your solicitor will want to establish three things:

1. Who was responsible for the place where you were hurt. Under the Occupiers' Liability Act 1957, an occupier must take reasonable care to see that visitors are reasonably safe.
2. What went wrong. For example, a spillage left too long, a missing mat or an unrepaired defect.
3. What injury it caused, and what it has cost you.

Photographs, witness details, an accident-book entry, CCTV requests and medical records all help. Your solicitor will also agree how the claim is funded. Most personal injury claims are funded on a no win no fee basis; see what is no win no fee.

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Step 3: Notify the defendant

How the claim is sent depends mainly on its likely value.

Lower-value claims (up to £25,000). Most public liability claims worth up to £25,000 are started on the online Claims Portal using a Claims Notification Form. This is required by the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims. The protocol covers accidents on or after 31 July 2013 where the small claims track would not be the normal track. The defendant's insurer has 40 business days to respond in a public liability claim (paragraph 6.11).

Other claims. These start with a Letter of Claim under the Pre-Action Protocol for Personal Injury Claims. That also applies if a portal claim leaves the portal because liability is not admitted. The defendant should reply within 21 days identifying its insurer (paragraph 6.2). It then has a maximum of three months from acknowledging the letter to investigate and say whether liability is admitted (paragraph 6.3).

If liability is denied, the defendant should give reasons and disclose the documents that are material to the issues (paragraph 6.5).

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Step 4: Medical evidence

Your compensation depends on the medical evidence. An independent medical expert examines you, reviews your records and writes a report on:

• what injuries you suffered,
• the treatment you needed, and
• your prognosis: whether, and when, you are expected to recover.

Under the Personal Injury Protocol, the party instructing an expert should first give the other side the names of one or more proposed experts. The other side has 14 days to object (paragraphs 7.3 and 7.6).

The parties should also consider early whether you need rehabilitation or treatment that could help your recovery (paragraph 4.1).

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Step 5: Valuing the claim

Compensation has two parts:

• General damages for pain, suffering and loss of amenity. Courts and insurers value these using the Judicial College Guidelines and decided cases.
• Special damages for financial losses you can prove, such as lost earnings, travel, treatment, care from family members and damaged property.

If you received certain state benefits because of the injury, the defendant must repay them to the DWP's Compensation Recovery Unit. Benefits are offset against matching parts of the award, such as lost earnings or care. They cannot be deducted from compensation for pain and suffering.

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Step 6: Negotiation and settlement

Most claims are resolved by negotiation. Either side can make a formal settlement offer under Part 36 of the Civil Procedure Rules. The offer must allow at least 21 days for acceptance (CPR 36.5). A party who refuses a Part 36 offer and then does no better at trial can face costs consequences.

Before going to court, the parties are expected to review their positions and consider settlement or another form of dispute resolution (Personal Injury Protocol, paragraphs 9 and 11).

If liability is admitted but the claim will take time to value, the court can order an interim payment. This is an advance of part of the compensation, and it cannot exceed a reasonable proportion of the likely final award (CPR Part 25).

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Step 7: Court proceedings, if needed

If the claim does not settle, your solicitor issues proceedings before the limitation period ends. Claims are allocated to a "track" based on value (CPR 26.9):

Track	Personal injury claims (non-road traffic)
Small claims	General damages for pain, suffering and loss of amenity of no more than £1,500, and total value no more than £10,000
Fast track	Value up to £25,000; trial expected to last no more than one day
Intermediate track	Value up to £100,000; trial expected to last no more than three days
Multi-track	Higher-value or more complex claims

Even after proceedings are issued, many claims still settle before trial.

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Step 8: Payment

Once the claim settles or the court gives judgment, the defendant's insurer pays the damages. Your solicitor deducts any agreed success fee and other agreed costs, then pays you the balance. Any success fee is capped by law; see what percentage no win no fee solicitors take.

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Summary

• You usually have three years from the accident, or from when you knew of the injury, to start court proceedings.
• Lower-value public liability claims start on the Claims Portal; others start with a Letter of Claim.
• The defendant has up to three months under the Personal Injury Protocol to decide on liability.
• An independent medical report is central to valuing the claim.
• Most claims settle by negotiation; court is the fallback.

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Sources

• Limitation Act 1980, sections 11, 28, 33 and 38
• Occupiers' Liability Act 1957, section 2
• Pre-Action Protocol for Personal Injury Claims
• Pre-Action Protocol for Low Value Personal Injury (EL and PL) Claims
• Civil Procedure Rules Parts 25, 26 and 36
• Compensation Recovery Unit (GOV.UK)