The Claims Process — 14 Frequently Asked Questions
Most personal injury claims in England and Wales start with a Letter of Claim, go through an evidence-gathering and negotiation stage under the relevant Pre-Action Protocol, and settle without ever reaching a courtroom. Only a minority of contested claims proceed to trial, and even fewer than that are decided by a judge rather than settling beforehand.
Legal information only, not legal advice. See how we check this page and recent changes.
How do I start a personal injury claim?
Most people start by speaking to a solicitor who specialises in personal injury, who will assess whether you have a viable claim, explain the likely process and funding options, and begin gathering evidence.
What is a Letter of Claim?
It's a formal letter sent to the party you're claiming against (or their insurer), setting out the basis of your claim and the injuries suffered, which starts the formal pre-action process and triggers response deadlines.
How long does a personal injury claim take?
It varies hugely — straightforward claims that settle without court proceedings might resolve in months, while contested or complex claims (especially medical negligence) can take a few years, particularly if long-term prognosis needs to be established first.
Do I need to go to court?
Most personal injury claims settle without a trial — the vast majority resolve through negotiation once liability and value are clear. Court proceedings are usually only needed if liability is disputed or the parties can't agree on value.
What is the small claims track?
It's the simplified court process for lower-value claims (broadly those worth £10,000 or less, or £5,000 or less for road traffic personal injury claims falling under the Whiplash Reform rules), designed to be more accessible without needing a solicitor.
What is the Pre-Action Protocol?
It's a set of rules that both sides must generally follow before court proceedings start — sharing evidence, giving the other side a chance to investigate, and trying to resolve the claim without going to court, where possible.
What is a no-win, no-fee agreement?
Formally called a Conditional Fee Agreement (CFA), it means your solicitor's fees are only paid if your claim succeeds, usually topped up by a "success fee" deducted from your compensation, capped by law for personal injury claims.
What happens at the medical examination for my claim?
An independent medical expert (not connected to either side) examines you and reviews your medical records to produce a report on your injuries, prognosis, and how they affect your life — this report is central to valuing your claim.
What if the other side denies liability?
Your solicitor will respond to the denial with evidence supporting your case. If it can't be resolved through negotiation, court proceedings may be needed for a judge to decide who's at fault.
What is a Part 36 offer?
It's a formal settlement offer made under strict court rules, designed to encourage early settlement — if you reject one and later win less at trial than what was offered, you can face significant cost penalties, so these offers need careful consideration.
Can I settle my claim without a solicitor?
You can, but insurers negotiate professionally and compensation is often significantly higher when claims are properly valued and negotiated by a specialist solicitor, particularly for anything beyond a very minor, straightforward injury.
What happens if my claim goes to trial?
A judge hears evidence from both sides — including witness and expert evidence — and decides on liability and, if you win, the amount of compensation. Trials are relatively rare, as most cases settle beforehand.
Can I claim for rehabilitation costs during my claim?
Yes, and under the Rehabilitation Code, the other side's insurer is encouraged to fund reasonable rehabilitation (like physiotherapy) early on, even before liability is finally resolved, to support your recovery.
What happens once my claim settles?
You'll usually sign a settlement agreement, and compensation is paid within an agreed period (commonly 14 to 21 days). For claims involving children or protected parties, court approval of the settlement is required first.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
Have a question this page didn't answer? Ask InjuryBot directly.
Start a conversation →