Personal injury law helps victims of accidents and negligence obtain fair compensation for their injuries, ensuring those who have suffered harm due to the actions or inactions of others are financially supported for medical expenses, lost earnings, and suffering.
Beyond compensating victims, personal injury law also acts as a deterrent by holding individuals and organisations accountable and encouraging them to adhere to safety standards and to act responsibly for wider social benefit.
In this guide, we consider the evolution of UK personal injury law to its current status, and take a practical look at what is involved in making a personal injury claim.
Section A: Overview of UK Personal Injury Law
Personal injury claims can come in many forms, ranging from accidents at work to medical negligence, whiplash, slips, trips and falls or road traffic accidents. Provided you are the injured party and liability or responsibility lies with someone else, you may have a claim.
Personal injury law in the UK is characterised by several defining features that collectively aim to facilitate fair compensation for victims of negligence and wrongful acts.
The primary goal of personal injury law is to provide monetary compensation to individuals who have suffered physical, emotional, or financial harm. Compensation is divided into general damages for non-economic losses (e.g., pain and suffering) and special damages for economic losses (e.g., medical expenses, loss of earnings).
Personal injury claims in the UK are generally based on the principle of negligence. To succeed in a claim, the claimant must prove that the defendant owed them a duty of care, breached that duty, and caused the injury as a result of the breach.
There are strict time limits, known as the limitation period, within which a personal injury claim must be filed. In most cases, this period is three years from the date of the injury or from when the claimant became aware of the injury.
Pre-Action Protocols apply, which encourage the early exchange of information and the settlement of claims without the need for court proceedings. They outline the steps that both parties must take before formal litigation begins, promoting a more efficient resolution of disputes.
To substantiate claims, independent medical evidence is typically required to prove the extent and impact of the injuries, to prevent abuse of the system and ensure that compensation is based on objective assessments rather than subjective reports.
Many personal injury solicitors operate on a “no win, no fee” basis, formally known as Conditional Fee Agreements (CFAs). This means claimants do not have to pay legal fees upfront and only pay if their claim is successful, making legal representation more accessible.
Insurance companies also play a significant role in personal injury claims, particularly in road traffic accidents and employer liability cases. Insurers often handle the claims process, negotiate settlements, and provide compensation.
If a settlement cannot be reached through negotiation or mediation, the case may proceed to court. Using the relevant ‘track’, the court will then determine liability and the amount of compensation based on the evidence presented.
Section B: Evolution of Personal Injury Law in the UK
From its early roots in common law to the contemporary statutory framework, personal injury law has developed significantly in response to changes in societal needs.
Initially, personal injury claims were handled under tort law principles, emphasising the need for individuals to take responsibility for their actions. Over time, however, landmark cases and legislative reforms have reshaped the framework, expanding the rights of claimants and refining the legal processes involved.
1. Early Origins
The roots of personal injury law in the UK can be traced back to early common law principles established during the medieval period. During this time, the law was largely unwritten and developed through customs and judicial decisions.
The early legal framework was heavily influenced by the principle of “trespass,” which covered direct and immediate harm to individuals or property. These early cases laid the groundwork for the development of tort law, which includes personal injury law.
The 19th century brought progress in formalising and codifying personal injury law. With the advent of the Industrial Revolution, there was a notable increase in workplace accidents and injuries, leading to a greater demand for legal protections for workers. For example, the landmark case of Priestley v. Fowler (1837) established the principle that employers owe a duty of care to their employees, establishing the precedent for employer accountability for workplace injuries caused by negligence.
The Employers’ Liability Act of 1880 was a further significant development, recognising the rights of workers and the responsibilities of employers and forming the basis for modern personal injury claims related to workplace accidents. The Act expanded the scope of employers’ liability by allowing workers to sue for injuries resulting from defective equipment, insufficient safety measures, and other forms of negligence.
2. 20th Century Reforms
The 20th century saw further refinement of personal injury law, influenced largely by the growing complexity of industrial and technological advancements and shifts in societal expectations.
The Law Reform (Contributory Negligence) Act of 1945 introduced the concept of contributory negligence, allowing fault to be apportioned between the claimant and the defendant, and enabling claimants to recover damages even if they were partially responsible for their injuries.
Post-World War II, the creation of the National Health Service in 1948 had an indirect impact on personal injury law. With healthcare accessible to all, there was an increased awareness of medical negligence claims. The Crown Proceedings Act of 1947 allowed individuals to sue the government for injuries caused by public sector employees, including those in the NHS, thus expanding the scope of personal injury claims.
3. Late 20th Century to Present
In the latter half of the 20th century, several key legal principles and procedural reforms impacted the personal injury law system.
The Unfair Contract Terms Act of 1977 and subsequent legislation ensured that liability for personal injuries could not be excluded by contractual terms, providing greater protection for consumers and employees, while the Civil Procedure Rules (CPR) of 1999, introduced following the Woolf Reforms, significantly reformed the litigation process. The CPR aimed to make civil litigation, including personal injury claims, more efficient, cost-effective, and accessible. It introduced pre-action protocols, encouraged alternative dispute resolution, and emphasised the importance of proportionality in legal proceedings.
4. Recent Developments
Most recently, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) brought significant changes, including the reduction of legal aid availability for many personal injury claims and the introduction of fixed fees for certain types of claims. The reforms aimed to reduce the costs of litigation, but they also sparked debate about the wider issue of claimants’ access to justice.
In 2013, the introduction of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents was another critical development. This protocol established a streamlined process for handling road traffic accident claims valued up to £25,000, aiming to reduce litigation costs and encourage early settlements. The Claims Portal, an online system, was developed to facilitate this process, enabling faster communication and resolution of claims.
A significant overhaul came with the Whiplash Reform Programme, which culminated in the launch of the Official Injury Claim (OIC) portal in May 2021. This portal was designed for self-representation in road traffic accident claims, particularly those involving whiplash injuries valued up to £5,000. The reforms included fixed tariffs for whiplash injuries lasting up to two years and a ban on pre-medical offers, requiring medical evidence before a settlement offer can be made. These changes were intended to curb fraudulent and exaggerated claims while ensuring fair compensation for genuine injuries.
The Civil Liability Act 2018 introduced further changes, including adjustments to the discount rate used in calculating lump sum compensation payments, affecting how future losses are assessed. These reforms collectively represent a concerted effort to modernise the UK’s personal injury law, making it more efficient, fair, and cost-effective for all parties involved.
5. Trends in Person Injury Law
In recent years, there has been an increased focus on mental health and psychological injuries, expanding the scope of personal injury claims to include not only physical injuries but also emotional and psychological harm. The legal recognition of conditions such as PTSD (Post-Traumatic Stress Disorder) and other psychological impacts of accidents and injuries has broadened the understanding and application of personal injury law.
Technological advancements have also impacted personal injury law. The rise of online platforms and social media has introduced new forms of evidence and considerations in personal injury cases.
Beyond the procedural implications, tech has also changed the nature of the claims being made; for example, the development of automated and driverless vehicles poses emerging challenges in the context of road traffic accidents.
Section C: Types of Personal Injury Claims
Personal injury law covers a wide range of incidents where an individual suffers harm due to the negligence or wrongful actions of another party. The most common types of personal injury claims include:
a. Road traffic accidents
b. Workplace injuries
c. Medical negligence
d. Public liability claims
e. Product liability claims
1. Road Traffic Accidents
Road traffic accidents are among the most common types of personal injury claims. These accidents involve collisions between vehicles, pedestrians, cyclists, or motorcyclists and can result in various injuries, from minor whiplash to severe trauma or fatalities.
The claims process typically involves proving that the other party was at fault due to negligent driving practices such as speeding, distracted driving, or driving under the influence.
Compensation can cover medical expenses, vehicle repairs, lost income, and pain and suffering.
2. Workplace Injuries
Workplace injuries occur when an employee is injured while performing their job duties. These injuries can result from accidents such as slips, trips, falls, machinery accidents, or exposure to harmful substances. Employers have a legal duty to provide a safe working environment, and failure to do so can lead to liability for injuries sustained by their employees.
Claims in this category often focus on breaches of health and safety regulations, inadequate training, or lack of proper equipment.
Compensation can include medical costs, rehabilitation expenses, lost wages, and, in severe cases, compensation for long-term disability.
3. Medical Negligence
Medical negligence, also known as clinical negligence, occurs when a healthcare professional provides substandard care that directly causes harm to a patient. This can involve errors in diagnosis, surgical mistakes, incorrect treatment, or failure to inform the patient of potential risks.
Proving medical negligence requires demonstrating that the healthcare provider breached their duty of care and that this breach directly resulted in injury or worsened health conditions.
Compensation aims to cover medical expenses, ongoing treatment costs, loss of earnings, and compensation for pain and suffering endured by the patient.
4. Public Liability Claims
Public liability claims arise when an individual is injured in a public place due to unsafe conditions or negligence by the property owner or occupier. Examples include slips, trips, and falls in supermarkets, parks, or other public venues due to wet floors, uneven surfaces, or obstructions.
Property owners have a responsibility to maintain safe environments for the public. When they fail to do so, they can be held liable for injuries that occur on their premises.
Compensation can cover medical expenses, lost income, and other related costs.
5. Product Liability Claims
Product liability claims involve injuries caused by defective or unsafe products. They can be directed at manufacturers, suppliers, or retailers who are responsible for ensuring that their products are safe for consumer use. Defects can range from design flaws and manufacturing errors to inadequate instructions or warnings.
To succeed in a product liability claim, the injured party must prove that the product was defective and that this defect directly caused their injury.
Compensation can include medical costs, lost wages, and damages for pain and suffering.
Section D: Legal Process for Personal Injury Claims
If you have been injured in an accident at work, in your car, or in a public place, and it was someone else’s fault, you may be able to make a claim for personal injury.
1. General Procedural Steps
The personal injury claims process in the UK is a structured procedure designed to ensure fair and efficient resolution of claims. It involves several steps governed by specific protocols depending on the nature and value of the claim. These protocols have standardised the process, providing clear timelines and requirements for all parties involved.
As a general outline, the key stages of making a personal injury claim include:
1a. Initial Consultation
The first step in pursuing a personal injury claim is to seek an initial consultation with a qualified personal injury solicitor. During this consultation, the solicitor will evaluate the details of the incident, assess the viability of the claim, and provide preliminary advice on how to proceed.
This meeting is crucial for establishing whether the claim has a strong legal basis and what evidence will be required. In the UK, to make a claim for personal injury, the victim must be able to prove the following elements:
a. Negligence: This is the failure to exercise reasonable care, resulting in harm to another person. For a successful personal injury claim, it must be proven that the defendant owed the claimant a duty of care, breached that duty, and caused injury or damage as a direct result.
b. Duty of Care: An obligation to avoid acts or omissions that could foreseeably harm others. This concept is pivotal in determining liability in personal injury cases.
c. Damages: The compensation awarded to the injured party, which can cover a wide range of losses, including medical expenses, lost wages, and pain and suffering.
The solicitor should also discuss potential costs and funding options, such as “no win, no fee” arrangements, to ensure the claimant understands the financial implications.
b. Gathering Evidence
Once the solicitor agrees to take on the case, the next step is gathering evidence to support the claim. This phase involves collecting all relevant documentation and information that can substantiate the claimant’s account of the incident and the resulting injuries.
Key evidence may include medical records, accident reports, witness statements, photographs of the accident scene, and any other pertinent documentation.
The solicitor may also liaise with experts, such as medical professionals or accident reconstruction specialists, to strengthen the case.
c. Pre-Action Protocols
Pre-action protocols set out the steps that must be taken before a claim is formally initiated in court. The aim is to encourage early settlement by facilitating the exchange of information between the claimant and the defendant.
Different types of personal injury claims are governed by specific pre-action protocols, such as those for personal injury claims, clinical negligence, and disease and illness claims.
Typically, these protocols require the claimant to send a letter of claim detailing the incident and injuries sustained, to which the defendant must respond within a specified time frame. This initial correspondence is intended to clarify the issues and establish whether liability is accepted or disputed.
d. Negotiation and Settlement
Many personal injury claims are resolved through negotiation and settlement without proceeding to court. During this phase, the claimant’s solicitor will negotiate with the defendant or their insurance company to reach a fair and reasonable settlement.
The negotiation process involves a thorough examination of the evidence, assessment of the damages, and consideration of any contributory negligence on the part of the claimant.
If both parties agree on a settlement amount, the case can be concluded without the need for a trial. Settlements are often advantageous as they save time, reduce legal costs, and provide certainty for both parties.
e. Filing the Claim
If no settlement can be reached, the solicitor will formally file the claim with the relevant court or tribunal, outlining the details of the case, the injuries sustained, the alleged negligence or wrongdoing, and the compensation sought.
The defendant, typically the party alleged to be at fault, is then served with these documents and given the opportunity to respond.
Their response, known as a “defence,” will either admit liability or contest the claim, setting the stage for further legal proceedings.
f. Track
If a settlement cannot be reached through negotiation, the claim may proceed to court.
There are three routes, officially referred to as ‘tracks’, that a judge can allocate a personal injury claim to:
1. Small-claims track – for less complicated claims with a value of up to £10,000, although there are some exceptions
2. Fast track – for claims with a value of between £10,000 and £25,000
3. Multi-track – for very complicated claims with a value of £25,000 or more
The track will then determine how the claim will be assessed by the court.
g. Court Proceedings
If the case proceeds to court, both parties will present their cases before a judge, who will evaluate the evidence, hear witness testimonies, and consider legal arguments. The court process can be lengthy and complex, often involving several hearings and procedural steps.
The claimant must demonstrate, on the balance of probabilities, that the defendant was negligent and that this negligence caused their injuries. The judge will then deliver a verdict, determining liability and the amount of compensation to be awarded.
While court proceedings can be more time-consuming and costly, they may be necessary to achieve a fair outcome when negotiations fail.
2. Claims Using the Official Injury Claim (OIC) Portal
The Official Injury Claim (OIC) portal is designed for use by individuals who have suffered minor injuries, particularly whiplash, from road traffic accidents. It is specifically intended for claims valued at up to £5,000 for whiplash injuries and up to £10,000 in total.
The portal provides a user-friendly digital platform where claimants can handle their claims independently or with the support of a professional adviser. The key stages of the OIC portal process are as follows:
a. Registration and Initial Setup
Claimants begin by registering on the OIC portal and creating a secure account. The portal guides users through the initial setup process, including entering personal details and information about the accident.
b. Submitting a Claim
Once registered, claimants can submit their claim through an intuitive step-by-step process. They need to provide detailed information about the accident, including the date, location, and circumstances of the incident, as well as details of any injuries sustained.
c. Medical Evidence
A key feature of the OIC portal is the emphasis on medical evidence. Claimants must obtain a medical report from an accredited medical expert to support their injury claim. The portal provides resources to help claimants arrange a medical examination and obtain the necessary documentation.
d. Liability Decision
After submitting the claim, the defendant (typically the at-fault driver’s insurance company) reviews the information and decides on liability. If the defendant accepts liability, the process moves forward to negotiation. If liability is disputed, additional evidence and possibly further negotiation may be required.
e. Negotiation and Settlement
The portal facilitates negotiation between the claimant and the defendant’s insurer. Claimants can propose a settlement amount based on the medical report and other documented expenses. The insurer can accept, reject, or counter the offer. The portal provides tools to help both parties reach a fair settlement.
f. Payment of Compensation
Once a settlement is agreed upon, the insurer processes the payment. The portal tracks the progress of the claim and ensures that compensation is paid promptly.
g. Dispute Resolution
If the parties cannot reach an agreement through negotiation, the claim may be escalated. The portal offers guidance on next steps, which could include taking the claim to the small claims court.
3. Claims Using UK Claims Portal
The UK Claims Portal is the default online system used to process personal injury claims resulting from road traffic accidents, workplace accidents, and public liability incidents valued between £1,000 and £25,000.
The Portal was introduced to speed up and streamline the claims process, to reduce the costs of claims and to allow claimants and defendants to communicate efficiently and securely throughout the initiation, negotiation and settlement stages of a claim. The aim of the system is to achieve settlement and avoid the matter having to go to court.
Not all personal injury claims are dealt with through the Claims Portal, such as high-value personal injury claims and road traffic accident injury claims where the claimant was partly at fault. If this applies, your legal adviser will be able to explain the options. Such matters must still be managed in line with the relevant Pre-Action Protocol on pre-litigation conduct.
At first, a Claim Notification Form (CNF) is sent to the defendant by the claimant and their representatives, which must be acknowledged within one working day. For road accident claims, the defendant has 15 working days to respond. For employers’ liability claims, the response time is 30 working days, while for public liability claims, the defendant must respond within 40 working days.
The claim can only be resolved through the Portal if the defendant accepts full liability. If there is a dispute over liability, the claim comes out of the Portal.
Where there is no dispute as to liability, the claim moves on to negotiating settlement. This requires the claimant to submit their evidence in support of the injuries sustained and resulting losses incurred. They must also state how much they are willing to accept as compensation.
A period of 35 days then follows for the two parties to negotiate and come to an agreement on compensation.
If the negotiation stage fails and there is no agreement after the 35 days, the defendant should pay their final offer of compensation to the claimant.The claimant then decides whether to pursue a higher amount of compensation by issuing proceedings.
The portal facilitates this transition to court proceedings by providing the necessary documentation and maintaining a record of the claim’s history.
Section E: Compensation in Personal Injury Claims
Compensation in personal injury claims is designed to restore the injured party, as much as possible, to the position they were in before the injury occurred. This often involves financial remuneration for various types of losses and damages.
Compensation in personal injury claims can be broadly categorised into two main types: general damages and special damages.
1. General Damages
General damages are awarded for non-economic losses that do not have a specific monetary value but significantly impact the claimant’s quality of life.
One key aspect of general damages is compensation for pain and suffering, which accounts for the physical pain and emotional distress caused by the injury. Severity and duration of the pain are crucial factors in determining the amount awarded, ensuring that the compensation reflects the true impact on the claimant’s well-being.
Another important element is the loss of amenity. This refers to the compensation given for the loss of enjoyment of life or the inability to participate in hobbies, sports, or other activities that the claimant enjoyed before the injury. The loss of amenity recognises the profound changes an injury can bring to a person’s daily life and overall happiness.
Emotional distress is also considered under general damages, providing compensation for psychological impacts such as anxiety, depression, and other mental health issues resulting from the injury.
Finally, loss of consortium is a type of compensation awarded to the claimant’s spouse or partner for the loss of companionship and marital relations due to the injury. This acknowledges the broader social and personal impact that an injury can have, affecting relationships and family dynamics.
2. Special Damages
Special damages cover economic losses and out-of-pocket expenses incurred as a direct result of the injury. These are typically more straightforward to quantify and can encompass various financial burdens faced by the claimant.
One such primary category is medical expenses, which ensure that the claimant is reimbursed for the financial strain of necessary healthcare. This often includes the costs of medical treatment such as hospital stays, surgeries, medication, physical therapy, and any future medical care required due to the injury.
Another significant aspect of special damages is the compensation for loss of earnings to help mitigate the financial impact of their inability to work.
If the injury prevents the claimant from working, they can receive compensation for lost wages. This includes both past earnings lost during recovery and future earnings that will be affected by any long-term disability or incapacity to work.
Travel expenses are also covered under special damages. These costs arise from travelling to and from medical appointments and other necessary journeys related to the injury.
Property damage reimbursement is another component of special damages. This involves compensating the claimant for any personal property that was damaged in the incident, such as a vehicle in a road traffic accident.
Finally, special damages can include costs associated with care and assistance. If the claimant needs help with daily activities, the expenses for hiring someone to provide this care are covered. Alternatively, if a family member provides care, compensation can be given for their time and effort.
3. Factors Affecting Compensation Amounts
How much compensation you receive will depend on a number of factors, including the type of injuries you have sustained and the losses incurred as a result.
Several factors can influence the amount of compensation awarded in personal injury claims:
a. Severity of Injury
The extent and severity of the injury significantly impact the compensation amount. More severe injuries that result in long-term or permanent disability typically attract higher compensation due to the greater impact on the claimant’s life.
b. Impact on Quality of Life
The degree to which the injury affects the claimant’s ability to lead a normal life, engage in work, and enjoy hobbies and activities is crucial. Significant impairment of daily activities can lead to higher compensation.
c. Age and Health of the Claimant
Younger claimants or those in good health prior to the injury may receive higher compensation, particularly for future loss of earnings and long-term care needs. Conversely, pre-existing conditions may complicate the calculation of damages.
d. Earnings and Employment Prospects
The claimant’s pre-injury earnings and future employment prospects play a vital role in determining compensation for loss of earnings. Higher earners or those with promising career trajectories may receive larger settlements.
e. Contributory Negligence
If the claimant is found to be partially at fault for the incident, the compensation may be reduced proportionately. For example, if the claimant is deemed 25% responsible for the accident, the compensation amount may be reduced by 25%.
f. Medical Evidence and Expert Testimony
Comprehensive and persuasive medical evidence, along with expert testimony, can significantly affect the outcome of a claim. Detailed medical reports that clearly outline the extent of the injuries, required treatments, and long-term prognosis are critical.
g. Legal Representation
The quality and experience of the claimant’s legal representation can influence the compensation amount. Skilled solicitors can effectively gather evidence, negotiate settlements, and present compelling cases in court, leading to better outcomes.
Your legal adviser should guide you through the process of determining the level of compensation you could expect. This will take into account the nature, severity, duration and circumstances of your injuries as well as any out-of-pocket expenses you have incurred as a direct result of the injuries, such as medical expenses and loss of earnings.
Your solicitor should also discuss with you the amount you would be prepared to settle for in advance of any negotiations.
Section F: Choosing the Right Personal Injury Solicitor
The personal injury claims process can quickly become complex, making professional legal advice invaluable to help you follow the required protocol and maximise any compensation you are awarded. Key factors to consider when choosing a personal injury solicitor include:
1. Experience and Expertise
When appointing a personal injury solicitor, choose an adviser with expertise and experience in the specific type of injury you have suffered – particularly if the matter is complex and of high value.
2. Track Record of Success
Evaluate the solicitor’s track record of success in handling cases similar to yours. A solicitor with a history of winning cases or securing favourable settlements for their clients is likely to be more effective in representing your interests. Ask about their experience with cases involving similar types of injuries or circumstances to ensure they are well-equipped to handle your claim.
3. Client Testimonials and Reviews
Research the solicitor’s reputation by reading client testimonials and online reviews. Positive feedback from previous clients can provide valuable insights into the solicitor’s competence, professionalism, and client service. Look for reviews that mention successful outcomes, effective communication, and a supportive approach to client care.
4. Professional Reputation
Consider the solicitor’s standing within the legal community. Solicitors who are well-regarded by their peers and have received accolades or awards in the field of personal injury law are likely to be reliable choices. Membership in professional organisations, such as the Association of Personal Injury Lawyers (APIL), can also indicate a commitment to maintaining high standards in their practice.
5. Transparency in Fees
Understanding the cost structure and fee arrangements is essential when choosing a personal injury solicitor. Reputable solicitors should provide clear and transparent information about their fees and any additional costs that may arise during the legal process. Ensure you are fully aware of how fees will be calculated and when payments will be required.
6. No Win, No Fee Arrangements
Many personal injury solicitors offer “no win, no fee” arrangements, also known as conditional fee agreements. Under this arrangement, you will not have to pay legal fees if your claim is unsuccessful. If the claim is successful, the solicitor will take a pre-agreed percentage of the compensation awarded. This funding option can make pursuing a claim more accessible, especially if you are concerned about upfront legal costs.
7. Legal Aid and Insurance Coverage
In some cases, legal aid or insurance policies may cover legal fees for personal injury claims. Check whether you qualify for legal aid or if your insurance policy includes coverage for legal expenses. Some home or motor insurance policies may also provide coverage for legal costs related to personal injury claims.
8. Initial Meeting
An initial consultation with a prospective solicitor is an opportunity to assess their suitability for your case. During this meeting, the solicitor will review the details of your claim, provide preliminary advice, and outline the next steps in the legal process. Use this session to ask about the process and how they charge for their services.
During the initial consultation, a good solicitor will also provide an honest assessment of the strengths and weaknesses of your case. They should explain the legal principles involved, the likelihood of success, and potential compensation amounts. Be wary of solicitors who make unrealistic promises or guarantees about the outcome of your claim.
9. Building Trust and Rapport
Choose a solicitor whom you feel comfortable with and who you can build a good working relationship with. Take note of how the solicitor listens to your concerns and responds to your queries.
Section G: Time Limits for Making a Personal Injury Claim
Time limits, known as “limitation periods”, apply to most personal injury claims.
In most cases, you will need to make your personal injury claim within 3 years of the date of the accident which caused your injuries. There are a small number of exceptions to this rule. For example, for victims with limited mental capacity, there is no time limitation. If the victim was a minor (i.e. under 18), they have 3 years from their 18th birthday to bring the claim (unless their parents or guardians made the claim on their behalf while a minor).
In specific circumstances where the victim does not become aware of the injuries or symptoms for a long time after the incident, it may be possible to argue that the 3-year period starts at the “date of knowledge” of the injury.
Your legal adviser will be able to assess your case and advise if there are any issues with the timing of your claim.
1. Statutory Time Limits
In the UK, the general statutory time limit for filing a personal injury claim is three years from the date of the incident or the date when the claimant became aware of the injury. This three-year period is established under the Limitation Act 1980. The point at which the claimant becomes aware of the injury is referred to as the “date of knowledge.”
The “date of knowledge” is crucial for claims where the injury or illness was not immediately apparent. For example, in cases of industrial diseases such as asbestosis, the claimant might only become aware of their condition years after exposure.
In such scenarios, the three-year limitation period starts from the date the claimant knew, or ought reasonably to have known, that their injury was attributable to the defendant’s actions.
a. Time Limits for Personal Injury Claims
For most personal injury claims, the three-year limitation period applies. This includes claims arising from road traffic accidents, workplace injuries, medical negligence, and public liability incidents. Claimants must either settle their claim or issue court proceedings within this timeframe.
b. Time Limits for Claims on Behalf of Minors
If the injured party is a minor (under 18 years of age), the three-year limitation period does not begin until their 18th birthday. Therefore, they have until their 21st birthday to make a claim. During their minority, a parent or guardian can act as a “litigation friend” to pursue the claim on their behalf.
c. Time Limits for Claims for Fatal Injuries
In cases where the injury results in death, the three-year limitation period applies differently. If the injured person dies within three years of the incident, their family or estate has three years from the date of death to bring a claim. If the death occurs after the three-year period has already expired, it is generally considered too late to make a claim.
d. Exceptions and Special Circumstances
If the claimant lacks mental capacity to manage their own affairs at the time of the injury, the limitation period is suspended. The three-year period only begins if and when the claimant regains mental capacity. If the claimant never regains capacity, the time limit does not commence, allowing for the claim to be made at any time.
For claims involving defective products, the limitation period is three years from the date of injury or the date of knowledge of the defect. Additionally, there is an overall ten-year “long stop” period from the date the product was supplied, after which no claims can be made, regardless of when the injury occurred.
In exceptional cases, the court has the discretion to extend the limitation period under Section 33 of the Limitation Act 1980. The court considers factors such as the reasons for the delay, the length of the delay, and the extent to which the delay affects the availability and reliability of evidence. However, these extensions are granted sparingly and only in cases where it is equitable to do so.
Claims against certain public authorities may have shorter limitation periods. For example, claims against the police for assault or false imprisonment typically have a one-year limitation period. It is important to seek legal advice promptly in these cases to ensure compliance with the relevant deadlines.
Section H: Summary
Personal injury law provides the legal routes for individuals who have suffered harm from accidents or injuries to seek compensation for their losses. It has evolved to encompass various types of physical, emotional, and psychological injuries that can occur due to the negligence or wrongful actions of another party.
Recent reforms to UK personal injury law, including fixed compensation tariffs and new claims portals, have significantly altered procedures and requirements, with the aim of reducing fraudulent claims and making the process more accessible.
The current system now comprises multiple different claims tracks as well as different processes for different types of personal injury claims. To understand which process you need to follow and to ensure compliance with the relevant procedural and evidentiary requirements, take professional advice to enhance your chances of receiving fair compensation.
Section I: FAQs About Personal Injury Law
What should I do immediately after an injury?
After sustaining an injury, your first priority should be your health and safety. Seek medical attention promptly, even if the injury seems minor, as some symptoms may not appear immediately. Document the incident by taking photos, gathering contact information from witnesses, and keeping any relevant evidence. Report the incident to the appropriate authorities or your employer if the injury occurred at work. Finally, consult a personal injury solicitor to understand your legal rights and the steps to take in filing a claim.
How long does a personal injury claim take?
The duration of a personal injury claim can vary widely depending on the complexity of the case, the severity of the injury, and whether the defendant admits liability. Simple claims, particularly those handled through portals like the Official Injury Claim (OIC) portal for low-value road traffic accidents, can be resolved in a few months. More complex cases, especially those that proceed to court, can take significantly longer, often over a year.
Can I claim if the accident was partly my fault?
Yes, you can still make a personal injury claim even if you were partly at fault for the accident. This is known as “contributory negligence.” The compensation amount you receive may be reduced proportionally to your level of responsibility for the incident. For example, if you are found to be 25% at fault, your compensation may be reduced by 25%.
What if the responsible party is uninsured?
If the responsible party is uninsured, you may still be able to claim compensation through alternative routes. For road traffic accidents, you can file a claim with the Motor Insurers’ Bureau (MIB), an organisation that compensates victims of uninsured and untraceable drivers. For other types of claims, such as workplace injuries, you might be able to claim against your employer’s public liability insurance or through government schemes designed to cover such scenarios.
What are the time limits for making a personal injury claim?
In the UK, the general time limit for making a personal injury claim is three years from the date of the accident or from the date you became aware that your injury was linked to the accident. There are exceptions for certain cases, such as claims involving children or individuals with mental incapacities, where the time limit may be extended. It is important to seek legal advice as soon as possible to ensure you do not miss the deadline for your claim.
What compensation can I claim in a personal injury case?
Compensation in personal injury cases typically falls into two categories: general damages and special damages. General damages cover non-economic losses such as pain and suffering, loss of amenity, and emotional distress. Special damages cover economic losses, including medical expenses, loss of earnings, travel costs, and any other financial expenses incurred as a result of the injury. The total compensation amount depends on the severity of the injury and the impact on your life.
Do I need a solicitor to make a personal injury claim?
While it is possible to make a personal injury claim without a solicitor, having legal representation can significantly increase your chances of a successful outcome. A personal injury solicitor can help you navigate the complex legal process, gather necessary evidence, negotiate with insurers, and represent you in court if necessary. They ensure that you receive fair compensation for your injuries and losses. Many solicitors offer a “no win, no fee” arrangement, making legal services accessible without upfront costs.
Section J: Glossary of Personal Injury Law Terms
Accident Book: A record of workplace accidents and injuries that employers are required to maintain. It is used to document details of incidents for health and safety purposes.
Claimant: The person who brings a personal injury claim seeking compensation for injuries sustained.
Compensation: Financial reparation awarded to a claimant for losses and suffering caused by an injury. Compensation can include general and special damages.
Contributory Negligence: A legal principle where the claimant is found to be partially at fault for the accident. Compensation is reduced in proportion to the claimant’s degree of fault.
Court Proceedings: The legal process of taking a case to court when a settlement cannot be reached. This involves presenting evidence and arguments before a judge.
Date of Knowledge: The date on which the claimant becomes aware of their injury and its connection to the defendant’s actions. This date can affect the limitation period for filing a claim.
Defendant: The party against whom a personal injury claim is made. This could be an individual, company, or public entity alleged to have caused the injury.
General Damages: Compensation for non-financial losses such as pain, suffering, and loss of amenity. These are assessed based on the severity of the injury and its impact on the claimant’s life.
Limitation Period: The statutory time limit within which a personal injury claim must be filed. In the UK, this is generally three years from the date of the incident or the date of knowledge.
Litigation Friend: An adult appointed to act on behalf of a minor or a person lacking mental capacity in legal proceedings.
Medical Negligence: A type of personal injury claim involving substandard medical care that results in harm to the patient. Also known as clinical negligence.
Motor Insurers’ Bureau (MIB): An organisation that compensates victims of road traffic accidents caused by uninsured or untraced drivers.
Negligence: A breach of a duty of care resulting in harm or injury to another person. Proving negligence is essential in personal injury claims.
No Win, No Fee: A funding arrangement where the solicitor only gets paid if the claim is successful. This can make legal services more accessible to claimants.
Official Injury Claim Portal: An online platform for submitting and managing low-value road traffic accident claims in England and Wales.
Personal Injury: Physical or psychological harm caused by an accident or incident for which another party is legally responsible.
Personal Injury Discount Rate: A rate used to adjust lump sum compensation to reflect the investment return that the claimant can expect to earn. It ensures the compensation is fair and accurate over time.
Product Liability: Legal responsibility of manufacturers and sellers for injuries caused by defective products. Claimants can seek compensation for harm resulting from product defects.
Public Liability: Legal responsibility of property owners or occupiers for injuries sustained by individuals on their premises. Claims can arise from slips, trips, falls, or other accidents in public or private spaces.
Special Damages: Compensation for specific financial losses incurred as a result of an injury, including medical expenses, loss of earnings, and other out-of-pocket costs.
Statutory Time Limits: Legally defined periods within which a claim must be filed. Missing these deadlines typically bars the claimant from pursuing compensation.
Whiplash Reform Programme: Recent changes in UK law aimed at reducing fraudulent whiplash claims and lowering insurance costs. Key aspects include fixed tariffs for whiplash injuries and the introduction of an online claims portal.
Section K: Related Resources
Ministry of Justice – Personal Injury Reforms
https://www.gov.uk/government/collections/personal-injury-reforms
Updates on legislative changes, consultation documents, and impact assessments.
The Law Society – Personal Injury
https://www.lawsociety.org.uk/topics/personal-injury
Resources for both solicitors and the general public, including guidance on finding a solicitor, understanding the claims process, and staying updated on legal developments.
Association of Personal Injury Lawyers (APIL)
https://www.apil.org.uk
Professional association that provides extensive resources on personal injury law, including best practice guidelines, news, and educational materials for legal professionals and claimants.
Motor Insurers’ Bureau (MIB)
https://www.mib.org.uk
Essential information for victims of uninsured and untraced drivers, explaining how to make a claim and what support is available.
Official Injury Claim (OIC) Portal
https://www.officialinjuryclaim.org.uk
Online platform for individuals to manage low-value road traffic accident claims independently.
Health and Safety Executive (HSE)
https://www.hse.gov.uk
For workplace-related personal injury claims, the HSE offers extensive resources on health and safety regulations, accident reporting, and employer responsibilities.
NHS Resolution
https://resolution.nhs.uk
For claims related to medical negligence, NHS Resolution offers information on the process for filing claims against NHS services, as well as details on mediation and dispute resolution.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
