If you have been injured or harmed in any manner in the UK, you can make a personal injury claim. It is also understandable that the process to make this claim can be extremely overwhelming. The one thing that can help you through this overwhelming journey is knowing how to make a personal injury claim, and you’ll need a step-by-step guide for this. Each of these steps followed correctly will collectively lead to a fair compensation. This guide will be an aid if you are making the claim yourself or through a solicitor.
| Aspect | Statistics |
| Most Common Claim Type | Road Traffic Accidents (55%) |
| Average Settlement (Minor Injury) | £1,000 – £3,000 |
| Average Settlement (Severe Injury) | £30,000 – £100,000 |
| Claims Settled Outside Court | 95% |
| Typical Claim Resolution Time | 6 – 12 months |
What Is a Personal Injury Claim?
Before moving forward, it is important to understand what a personal injury claim is. It is compensation that you receive if there is some harm caused to you because of someone else’s negligence; personal injury can be physical, emotional or psychological. This can include injuries that are minor to the ones that are life-altering. The UK legal system provides individuals the right to claim compensation for these injuries.
Types of Personal Injury Claims
To better understand how to make a personal injury claim yourself in the UK, it is significant to know about the types of personal injury claims. Personal Injury claims can be categorised based on their causes. Here are a few types of them;
1- Road Traffic Accidents
In the UK, this is the most common kind of personal injury claim. These claims usually include accidents caused by motor vehicles and pedestrians or cyclists where one party is at fault. Injuries here can include heavy bruising, fractures or severe trauma.
2- Workplace Injuries
Workplace injuries usually are psychological and emotional ones. The cause for this is unsafe and unhealthy working environments. When they are the physical ones, they can also be affected by a lack of training and proper equipment. Common physical reasons for injury claim at work may include falls and exposure to harmful chemicals. Employers are legally instructed to maintain a safe working environment for the employees.
3- Public Liability
Public liability claims are those when an individual is harmed in a public space. It can be restaurants, parks, shops, unsafe structures due to poor maintenance. For public liability claims, local authorities or property owners where the issues are arising are liable. The claims in these cases would cover medical costs or other losses.
Steps to Make a Personal Injury Claim
There are many people who wonder how to make a personal injury claim without solicitors. Though, it is suggested to get a professional for these matters, here is a step by step guide if you want to file it yourself.
Step 1: Gather Evidence
The first step in a personal injury claim is to gather relevant evidence. This evidence may include documentation that proves the incident, It should also have information on the injury you sustained. Evidence is crucial to building a strong case. You can gather photos or videos of the scene. Also, it is suggested that you keep records of any physical injuries, damages to property, and witnesses’ contact details. Witness statements can add weight to your claim.
Step 2: Notify the Party Responsible
The next step is to inform the party you believe to be responsible for your injury. It is advised that you notify the other side by sending them a written “Letter of Claim.”
This letter should clearly outline the details of the incident, the injuries suffered, and the impact it has had on your life. It is also a possibility that informing the opposition leads to a fair compensation providing settlement offer. It is suggested that you are cautious about accepting any offers.
Step 3: Seek Medical Treatment and Obtain Reports
In numerous circumstances, seeking medical treatment becomes essential. It is suggested that you keep your medical reports. These reports are important for documenting your injury. In severe cases like extremely damaging car crash claim, It is advised that you make sure to obtain a detailed medical report from your doctor.
This report should document the extent of your injury. Along with that, treatments should be required, as well as any future prognosis. This step is also essential if the injury is ongoing. The reason for this is that it provides a timeline of your medical needs. It also predicts any potential long-term impact on your health or lifestyle.
Step 4: Calculate Damages and Losses
The next step of the personal injury claim process is calculating damages. You can calculate damages by evaluating losses that we categorise in two; economic and non-economic losses. When it comes to this evaluation economic damages refer to costs such as medical bills and lost wages due to time off work. Non-economic damages are losses like pain and suffering. An accurate calculation of your damages is crucial, as it will determine the compensation you seek. Please note that keeping all receipts, invoices, and records of missed workdays will make it easier to substantiate your claim.
Step 5: File the Claim with Insurers or Solicitors
Coming on to the next step, now you can formally file your claim with the relevant party. You can do that through their insurance company. Alternatively, you may choose to find a solicitor specialising in personal injury law, you’ll get a list of qualified ones on Lawyersorted. Your solicitor will handle communication with the insurer. This will ensure your claim is documented and reviewed accurately. In some cases, you may need to provide additional information requested by the insurer or solicitor to strengthen your case.
Step 6: Settlement Negotiation or Going to Court
Now that you have filed your claim it is a possibility that the other party may respond with a settlement offer. Negotiation is common in personal injury cases. Your solicitor will help negotiate a reasonable settlement based on your documented damages. If an agreeable settlement cannot be reached, the claim may go to court. In court, a judge will review the evidence and determine the appropriate compensation. Although going to court can extend the process, it can sometimes yield a higher compensation if your case is strong and well-documented.
Here is some expert advice on making a personal injury claim in the UK: Making a Personal Injury Claim – Expert Advice
How Long Do You Have to Make a Personal Injury Claim?
As you keep exploring the answer to the question of how can I make a personal injury claim it is significant to understand the time limitations. The main reason here is that missing the deadline may greatly affect or even cause the loss of your compensation. Talking of the UK in particular, the period may vary depending upon the cases.
UK Time Limits for Different Claims
UK law permits the individuals to file a claim within three years of the date of injury or the date you become aware of it popularly known as ‘date of knowledge’. This is applicable for all standard cases like personal injury claims car accident in the UK.
For minors under 18, the time limit does not begin until their 18th birthday. This means they have until they turn 21 to file a claim. Additionally, if the injury happened due to a criminal act, such as assault, the time limit is usually two years from the date of the incident. In these cases, the claim must be filed with the Criminal Injuries Compensation Authority (CICA).
Exceptions to The Time Limit
It is also a possibility in exceptional cases, the personal injury claim time limit in the UK will be extended. For example, individuals with mental incapacities may have an indefinite time frame until they are deemed mentally capable of handling legal proceedings.
Similarly, if the injury occurs due to an illness with a delayed diagnosis—like asbestos exposure leading to mesothelioma—the three-year limit begins from the date of diagnosis rather than the exposure. Seeking legal advice can help clarify the time limits specific to your situation and ensure your claim is submitted on time.
Do You Need a Solicitor to Make a Personal Injury Claim?
It is not mandatory to consult a solicitor to make a personal injury claim, but it is advised to get one as they will be able to carry out the claim process efficiently. The decision may depend upon the complexity of your case and your comfort.
Benefits of Using a Solicitor
There are many benefits of selecting a professional personal injury solicitor while making a personal injury claim. An injury law expert will help you proceed smoothly and will be there with you at all the tricky steps. They will be guiding you in how to collect evidence and will handle the negotiations on your behalf. They are efficient in analysing the situation accurately and help you receive a fair compensation.
In case your case goes to court, qualified legal representation will help your chances to win the case. Many solicitors work on ‘no win no fee personal injury claim agreements” as well.You can find many experts on Lawyersorted.
How to Make a Personal Injury Claim Without a Solicitor?
If you choose to go with filing the claim yourself, it is suggested that you study the steps given above thoroughly. For example, if you are filing a claim for compensation for car accident
when you follow the steps properly without missing each of the requirements. Please note that self-representation may save you legal fees, but it requires extreme attention to detail and accuracy.
When It’s Advisable to Get Legal Advice?
In certain cases, it is highly advisable that you go with legal representation. If your injuries are severe, if liability is disputed, or if you’re experiencing difficulty negotiating with insurers, professional legal advice for your personal accident claim can be invaluable.
Similarly, if your case involves complex issues like medical negligence or permanent disability, a solicitor can provide the specialised knowledge needed to pursue appropriate compensation.
What Compensation You Can Claim for Personal Injuries?
While pursuing a personal injury claim, the damages are usually categorised into two; general damages and specialised damages. Each of these categories represents the different kinds of harm you would have experienced.
A – General Damages (Pain and Suffering)
These damages include compensation for non-monetary losses, which are harmful to physical and emotional well-being of a person. General damages are often calculated by their severity and permanence.
The court or the insurance company may consider factors like the long-term effects and suffering extent to decide compensation. Medical opinions and expert opinions also aid in the decision of the compensation.
B – Special Damages (Financial Losses, Medical Expenses)
Special damages are awarded for financial losses incurred as a result of your injury. This category includes medical expenses and any future medical care you may need. Additionally, special damages cover lost earnings due to time off work. They also include future earning potential if your injury affects your ability to work.
Other expenses, like travel costs for medical appointments or property damage (e.g., vehicle repair after a car accident), may also be included. Keeping records of all expenses and losses is essential to ensure accurate calculation and fair compensation for special damages.
FAQs About Making Personal Injury Claims
How Long Does a Personal Injury Claim Take?
The timeline for a personal injury compensation claims depends on the case’s complexity. Straightforward claims may settle within a few months, but complex cases, especially those involving severe injuries or disputed liability, can take 1–2 years or more. Settlement also depends on whether the case goes to court or is resolved through negotiation.
What Is the Average Compensation for Personal Injury Claims in the UK?
Compensation varies significantly based on the injury’s severity and impact on daily life. Minor injuries may attract a few thousand pounds, while severe, life-altering injuries can lead to settlements in the six-figure range. Online compensation calculators provide general estimates, but consulting a solicitor offers a more tailored assessment.
Can You Claim for a Car Accident Without Witnesses?
Yes, you can file a claim without witnesses. Evidence like photographs, medical reports, and police records can help establish your case. Providing as much detail as possible strengthens your claim, even without witness statements.
What Happens if My Personal Injury Claim Is Rejected?
If your claim is rejected, you’ll receive an explanation of the decision. For example, in auto accident claims, Options include negotiating, providing additional evidence, or seeking legal advice to challenge the rejection. A solicitor can review your case and recommend the best next steps.
How Long After an Accident Can You Make a Claim?
Generally, you have three years from the date of the injury or your date of knowledge to file a claim in the UK. This may vary with specific circumstances or exceptions, so seeking legal advice early is essential.
Can I Claim Compensation if I Was Partly at Fault for the Accident?
Yes, you may claim compensation if you were partly at fault, but your settlement may be reduced. This is known as “contributory negligence”. In such scenarios, the compensation will be adjusted. It will be based on your level of responsibility in the accident.
