The Injury Claim Process: A Step-by-Step Guide
Making an injury claim can feel overwhelming, especially when you're dealing with the physical and emotional aftermath of an accident. Understanding the steps involved is key to making the experience smoother and ensuring you get the compensation you deserve.
In this step-by-step guide, we’ll break down the entire process - from initial consultation with a claims expert to the final settlement—so you know what to expect at each stage and can feel confident in moving forward with your claim.
How does the personal injury claims process work?
1. Start with a no-obligation chat with a claims expert
The first stage of the claims process is determining whether you have a valid claim and assessing your chances of success. Don’t worry - this isn’t something you need to figure out on your own.
A claim specialist will ask you questions to see if your case meets key criteria, such as:
- The injury or illness occurred within the last three years
- Another party was at least partly at fault (e.g. a driver or your employer)
There are exceptions, particularly for children, so it's important to speak with an expert even if you're unsure.
The specialist will review your accident and injuries, then advise on the best course of action. In most cases, this will involve instructing an injury solicitor.
2. Instruct your solicitor to begin the process
If you decide to pursue a claim, the next stage is to enter into a no win, no fee agreement with a solicitor.
A no win no fee agreement, technically referred to as a Conditional Fee Agreement (CFA), is a contract between you (the claimant) and your solicitor.
With a no win, no fee agreement you can claim with:
- no financial risk
- no upfront legal fees
- no legal fees to pay if your claim is not successful
- a success fee payable to a solicitor only if you win your claim
Instructing a lawyer is a quick and straightforward process, and can usually be done by email or online. Some firms will accept an instruction by phone.
Read more:
No win, no fee explained in detail
3. Provide key details to support your claim
After instructing your solicitor, they will gather more information about your injuries and how they occurred. The exact details required will vary, and you don’t need everything prepared at the start.
To begin the claims process, your solicitor may ask for:
- The location of the accident
- Any photos of the scene
- Contact details of witnesses
- A crime reference number (if reported to the police)
The more evidence you can provide, the better. It’s helpful to write down everything you remember about the accident as soon as possible.
4. Your solicitor arranges a medical assessment
A medical assessment is one of the most crucial steps in the claims process. Your solicitor will arrange an appointment (in a convenient location) with a qualified medical professional, usually a doctor, to evaluate the extent and impact of your injuries.
The assessment will confirm the cause of your injuries, assess their severity, and consider how they affect your daily life and how long symptoms may last. The specialist will then provide a detailed report, which your solicitor will use to help determine the appropriate compensation amount.
Read more:
What happens during a medical?
5. Your solicitor submits your injury claim
Once the medical assessment is complete and evidence has been gathered, your solicitor will formally begin the injury claims process. The specifics of this process depend on the nature of your injury and the value of your claim.
Your solicitor will identify the party legally responsible for paying your compensation, known as the 'defendant'. They will then notify the defendant and/or their insurance company of your claim.
6. Negotiating your compensation settlement
If the defendant accepts liability, their legal representative and your solicitor will negotiate a compensation settlement. This process uses the medical assessment report and other evidence to support your financial losses, pain, suffering, and 'loss of amenity'.
7. Accepting your compensation settlement
Once you, your solicitor, and the defendant’s legal team agree on a compensation amount, your solicitor will formally accept the settlement.
Keep in mind that once you accept the settlement, you cannot claim additional compensation later. You cannot make a second claim for the same accident, even if your symptoms worsen or new injuries or conditions are diagnosed later.
8. Receiving your compensation payment
After you agree and accept the settlement amount, your compensation will be paid promptly. Typically, it is paid as a lump sum, but in some cases - depending on the severity of your injuries and other factors - payments may be staggered.
Your solicitor’s success fees will be deducted from the total compensation, along with any interim payments you may have already received.
Does the injury claim process vary by accident or injury type?
Yes, the claims process can vary depending on the specifics of your injury:
Road accidents
Since 31 May 2021, the process for handling lower value driver and passenger road traffic accident (RTA) claims, has changed. These claims are now managed through the Ministry of Justice's Official Injury Claim Portal.
The small claims limit has been raised to £5,000 for most driver and passenger injury claims.
Road accident claims valued at less than £10,000, including both general damages and special damages, will now be processed using the small claims procedure.
These changes do not affect children, pedestrians, cyclists and motorcyclists.
Read more:
Whiplash and soft tissue injuries
Following recent changes in the law, whiplash and similar soft tissue injuries that were caused after 31 May 2021 use a lower tariff to calculate compensation.
Read more:
Accidents in public places
If you have been injured in a public place, such as a shop or park, the 'standard' process for making an injury claim applies.
A slip or trip accident claim, fall or other accident in a shop or other privately-owned business premises is referred to as 'occupier' liability claims'. Claims for accidents on public property, for example a park or pedestrianised zone operated by the local authority, are called 'public liability claims'.
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Work accidents
The process for work accident claims is similar to that for claims in public places, with some caveats. If you are injured during the course of your work, wherever the accident happened, your injury claim may be made against your employer. All employers owe their staff a duty of care to provide a safe working environment.
A work accident claim is referred to as an 'employers liability claim'.
Read more:
Industrial disease
The process for making an industrial disease claim, such as asbestos-related disease claims or noise-induced hearing loss claims, is slightly different to the work accident claims process.
You might only learn you have been affected by industrial disease many years after the cause of your illness happened. The delay may mean that your employer, or their insurance company, has gone out of business. You can still claim compensation, but your solicitor will need to identify the party responsible for paying out compensation.
In some cases, liability may be split between several employers, if your illness was likely caused by working conditions at several companies you worked for, over time.
Read more:
Clinical negligence
The clinical negligence claims process will often take longer than the process for other types of claim. This is partly because cases of medical negligence can be harder to prove, and may require additional expert opinion.
Claims against NHS Trusts will usually be delayed until the formal complaints procedure through NHS Resolution completes.
Read more:
Other accidents and injuries
The process for making other types of injury claims, such as a dog attack or injury caused by a defective product, is largely 'standard', varying depending on the specific details of the case.
See also:
Defective product injury claims
Does my claim’s value impact the process?
Yes, the value of your claim will affect the formal process your solicitor follows:
Road accidents valued at less than £5,000
The Official Injury Claims Portal was launched in May 2021. The portal is an online application process for certain low-value injury claims. You can instruct a solicitor to apply for compensation using the portal.
You will need to use the online portal if:
- You were injured in a road accident, as the driver or passenger of a motor vehicle.
- Your accident happened after 31 May 2021.
- Your claim is valued at less than £5,000 for general damages, or £10,000 in total (your solicitor will help you to calculate this).
Read more:
How does the Official Injury Claims Portal work?
Other claims valued at less than £1,500
For other lower-value injury claims, the small claims track is used. This is often referred to as 'small claims court'. If you were not riding in a motor vehicle on the road when you were injured, and your claim is valued at less than £1,500, this track would apply.
Solicitors do not offer No Win, No Fee for small track claims. In practice, however, even very minor and short-term injuries are valued at more than the £1,500 limit, so very few injury claims follow this track.
Read more:
Claims valued at less than £25,000
Most injury claims will be processed through the 'fast track' protocol. This track sets out a timeline of key steps, with deadlines that all sides must meet, to ensure claims are processed efficiently.
Claims valued up to £25,000 will follow the fast track.
Read more:
Claims valued at more than £25,000
The multi-track process is used for more serious injuries, valued at over £25,000.
The multi-track process has fewer strict deadlines and is less prescriptive than the fast track. This flexibility gives the claimant's and defendant's solicitors more time to discuss the claim, gather the required evidence, and negotiate compensation. This helps to ensure that claimants with serious and life-altering injuries receive the support and full compensation they need.
Read more:
FAQs
Will my claim go to court?
If the two sides cannot reach agreement about what your claim is worth, or if the defendant denies liability, the case may go to court. Less that 5% of cases do go to court, however, and it is unlikely that you would need to attend even if court action is required.
In the unlikely case that the case goes to court, the claim will proceed on a No Win, No Fee basis, meaning you will not have to pay any legal fees if your claim is not successful.
Read more:
How often do injury claims go to court?
Is it possible to speed up the injury claims process?
Although the speed at which the claims process progresses is largely out of your hands, there are some things you can do to cut down on delays:
- Instruct a solicitor as early as you can - It will be easier and faster for your lawyer to gather witness statements, CCTV and other evidence while they are still 'fresh'.
- Complete forms, sign documents and reply to questions as soon as you can - You should always prioritise your treatment and recovery, but don't leave your solicitor' requests unanswered. Prompt responses can shave weeks off the claims process, and will show your solicitor you are motivated to complete the process quickly.
- Gather evidence like witness statements, accident book report copies, photos of the scene of the accident. Again, this will save you having to do it later when your solicitor inevitably requests these details.
Read more:
What can I do to speed up my injury claim?
Can I get a my compensation early?
An interim payment is an early compensation payout made to an injured claimant before the final settlement is agreed. Interim payments are usually made if the defendant has accepted liability, and the claimant needs funds urgently to pay for treatment costs or other expenses.
Some particularly complex claims can take over a year to complete, and interim payments are often necessary if the injured claimant is unable to work for a long period of time.
If you think you may need an interim payment, you should discuss this with your solicitor at the outset of the claims process. Your lawyer will consider whether it will be possible to arrange an early payment, and negotiate this with the defendant' solicitor.
Read more:
Can I get an interim compensation payment?
When will I know if my claim is successful?
In most cases, your solicitor will be able to tell you very early on in the claims process if you have a strong claim that is likely to be successful.
If the defendant has accepted liability for your accident, then it is usually not a question of “Will you win?” Instead, the question that your solicitor will need to negotiate is “Will you get the correct compensation?”.
As set out above, your solicitor will use their legal expertise, practical experience, medical evidence and other supporting evidence to negotiate a successful settlement.
If the defendant denies liability, then the outcome will usually be more uncertain. Even in these cases, however, insurance companies are usually eager to avoid costly court fees. If there is a chance they will lose in court, an insurer can end up paying out much more in fees than they would have to settle your injury claim.
Your solicitor will advise you further on this point.
When will I know how much injury compensation I will get?
If your injuries have already healed by the time you start a claim, or if they are relatively minor, your solicitor should be able to give you an approximate idea of how much compensation you'll get at the start of the claims process.
It will be harder to assess your compensation early on, if:
- Your injuries are not yet healed
- You suffered a progressive health condition (like hearing loss) that will worsen over time
- Ongoing treatment or care costs are not yet known
- You may have been partly responsible for the accident
- The accident made an existing injury worse
Quittance' compensation calculator will give you an idea of whether you have a claim, and what your claim could be worth.
When will I get my compensation?
How long the injury claims process takes will depend on a range of factors, including:
- The seriousness and extent of your injuries
- How the accident occurred (e.g. road accident, work accident, clinical negligence etc)
- Whether the defendant accepts liability
Your compensation will be awarded shortly after you accept the final settlement. In most cases, you should receive the compensation in your bank account within 2-3 weeks, although you may get the funds within days.
If the claim was settled following a court hearing, the payment process may take a week or so longer.
Read more:
How long will my injury claim take?
Get expert advice now
Interested in talking to an injury specialist about your claim?
- Calls are FREE
- Confidential consultation
- No obligation to claim
- No Win No Fee solicitors
Call 0800 376 1001
or arrange a callbackAuthor:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.