The personal injury claim settlement process

The reality is that the personal injury claim settlement process is simpler than you might think. There are clearly-set legal rules that everyone must abide by.

If you're thinking about making a claim or are unsure what to do next, then you can either talk to one of our friendly, personal injury advisors on , or start your claim online which will be able to let you know if you may be eligible to make a claim. 

If you do have grounds to make a claim and want to go ahead, our advisors will put you in touch with one of our approved, specialist personal injury law firms. There's no rush and no pressure. We think it's important you're able to take things at your pace.

The solicitor takes care of all legal matters for you. Broadly speaking, all you need to do is follow their instructions and provide the right information at the right time so they can fight your claim.

A common question we hear is how long does a personal injury claim take to complete. That's dependent on many factors because every claim is different. We thought it would be useful to explain how the personal injury claim settlement process works so you can better understand what's involved - plus who does what and when.

How do I know if I may have grounds for a claim?

The first thing to do is to get in contact - either by our claim online tool, call back form or by calling us directly. We've been lending a helping hand to people hurt in accidents that weren't their fault for over years_since years. In that time, our personal injury advisors have given guidance to millions of people across the UK, injured in all types of accident.

Let us know what's happened and we'll be able to let you know if we think you may have grounds for a claim. There's no rush and no pressure. Call us on , arrange a call-back or get in touch or start your claim online with our claim online tool today.

Appointing a solicitor

If you do qualify and decide to go ahead, we'll pair you with one of our specialist solicitors. They'll present your claim properly and handle all the negotiations with the other side's insurance company. 

We have carefully built a network of trusted personal injury legal firms across the UK who are expert in this field of law. They work on a no win no fee basis so if your claim doesn't succeed, you pay nothing. We can usually connect you to them on the same call if that suits you.

They'll then check the details of your claim and decide whether or not they can take it on. It's quite rare for them to decide not to handle a claim.

Consultation

Your solicitor will investigate what happened and assess how the accident has affected you personally and financially too. Aside from the pain and suffering of your injury, you may have lost income as a result of being off work, for instance. They'll also ask you to share specific evidence to support your claim, such as medical records and photographs.

Pre-action protocols

Pre-action protocols are the procedures your solicitor uses when they begin your claim. Having accurately valued your claim and armed with all the accident and injury details (plus any financial losses you may have suffered), your solicitor then sets everything down in a Claim Notification Form (CNF). It's a really important summary document that forms the core of your claim. It details what happened and why you think the other side is responsible for your accident.

When it's ready, they'll then submit the CNF to the other side's insurance company, officially notifying them of your intention to sue them for damages.

For example, if you were injured in a road traffic accident, your solicitor will send the CNF to the other side's insurance company, not to the person or organisation involved. If your claim succeeds, your damages will be paid by the other side's insurers. This means people don't receive a bill for damages that they can't afford.

Usually the other side has 21 days to acknowledge receipt of the CNF. After they've done this, the other side then has three months to investigate what happened. They'll inform your solicitor whether they either accept liability for your accident or deny it.

If the other side admits liability, then this typically means your claim will be settled faster, longer if they deny legal responsibility. 

Liability is admitted by the other side

After the three month period has elapsed and if the other side admits liability, then your solicitor will begin negotiating your compensation settlement. This will take some time and your solicitor will keep you up-to-date with progress. If they can reach an agreement that you are happy with, then your claim will then be finalised and your damages paid shortly afterwards. It's important that you follow your solicitor's professional advice closely.

However, if they can't agree to the level of damages and negotiations break down, then your solicitor will apply to the court to have the decision made by a judge. The vast majority of claims are settled in negotiation - it's very rare for a claim to go before a judge.

Liability is denied by the other side

If they deny liability, then your solicitor will begin gathering all the evidence they'll use to fight your claim. This includes things like witness statements (if there were any), photographs or video, medical evidence and expert opinion if required.

A medical assessment will be arranged that gives an independent opinion on your injury and how your life has been affected. The medical professional will then write a report that will be used to back up your claim. You'll be able to check you're happy with the report.

This process gets all the facts in support of your claim on the table. Your solicitor will begin negotiations with the other side's insurers. If those negotiations break down or the other side refuses to admit liability (even though your solicitor believes you have a strong case), then the decision will go before the court. 

A judge will assess the claim and decide who is responsible. Again, this is a very rare occurrence, with most claims being successfully settled out of court.

Settlement

After all processes have been completed, your claim settles. If your solicitor has won your claim, the other side's insurance company will pay your compensation and this usually comes through in a month or so.

Remember, in a no win no fee claim, you pay nothing if your claim fails. If it succeeds, you'll pay your solicitor an agreed amount from your compensation.

Rule changes for making small personal injury claims following a road traffic accident (RTA) have been introduced as of 31st May 2021. The changes aim to reduce the number and cost of fraudulent claims being made relating to whiplash and other injuries caused by RTAs, as well as reduce the price of motor insurance premiums. To support this, the government has introduced a tariff for whiplash claims that ensures the compensation awarded is linked to the length of time the claimant is suffering from injury. Other rule changes are: 

• The small claims general damages limit will rise for road traffic accident injuries from £1,000 to £5,000.
• Compensation for soft tissue and whiplash injury claims is now fixed, banded by severity, and lower than before.
• People can no longer recover their legal costs from the other side in a small claim. These will now be deducted from compensation awards up to £5,000.'
• Some other minor road traffic accident injuries - like simple fractures - are now classed as a small claim.
• People now have the option to make a small road traffic accident claim themselves online, without needing help from a solicitor.

These changes are not applicable to all personal injury claims and any vulnerable road user at the time of accident (such as pedestrians or cyclists) will not be affected. Claims for accidents at work, in public, or any medical negligence claim will also remain unaffected by the changes. 

The most important things you must do during the personal injury claim process are:

• Always be honest.
• Always follow the advice of your solicitor.
• Always do your best to cooperate with them promptly. 

They're there to help you and the right actions and information at the right time will always help to speed your claim along!

The personal injury claims settlement process means going to court

Actually, the vast majority of personal injury claims are successfully settled during the negotiations between your solicitor and the other side's insurance company. 

Needing a court hearing because negotiations have failed - or the other side denies liability even though your solicitor believes you have a strong case - is pretty rare. Personal injury claim court hearings are heard by a judge only. It's a civil process rather than a criminal one so there won't be a jury.

Even if a court hearing needs to be set, often there will be a pre-trial settlement at the eleventh hour with which everyone is satisfied.

My lawyer is handling my claim only

The truth is that a personal injury claim lawyer will be handling lots of claims at once because there are so many - over 829,000 in 2019/20. That's why we select the solicitor firms we work with very carefully and set high customer service standards so that you get professional, attentive and effective treatment.

Not asking a question because it felt obvious or stupid

There are no daft questions in the personal injury claim process. Law is complex so don't be embarrassed - always ask what's on your mind. 

Not keeping important evidence

Dates, times, locations, weather conditions, lighting, names, witnesses, pictures, treatment appointments and receipts. These are all really important to the personal injury claim settlement process. UK lawyers will be making the claim on your behalf so make sure they have everything they need.

Do document this information while things are still fresh in your mind. Receipts for any expenses you've suffered as a direct result of the accident will form part of your claim so keep them safe.

They could be for things like prescribed medical treatment, the cost of necessary modifications to your car or home and even hospital parking charges. If you've lost income because of your accident injury, then make sure you keep your payslips handy.

Settling early

As we mentioned earlier, sometimes in the personal injury claims settlement process, insurers may make an early offer to you directly in order to make the claim disappear. It's likely that amount will be lower than what you may be entitled to so treat it with caution and take professional legal advice. Fighting a claim on your own is very hard and you risk losing out on the compensation you deserve, so always use a no win no fee professional.

I need a solicitor who is local to me 

Not any more. Very few claims require a face-to-face meeting with your solicitor. The majority of them can be dealt with over the phone, email and via your own online claims account that many solicitors now provide. It's a fast and practical way of working that means you can submit evidence and respond to requests quickly - even just using your smartphone.

Overlooking symptoms

Medical records are a critical part of the personal injury claim process and it's easy to overlook minor symptoms. Whether it's when you see your GP, a doctor in hospital or the medical professional at the medical assessment when you make your claim, tell them every symptom you have. They could be connected and may indicate additional or deeper injury. 

It's always a good idea to note symptoms down in a diary. That means everyone involved in your claim has as full a picture of your injury as possible as well as a personal commentary on your recovery.

Importantly, don't forget your mental health. Accidents can cause various degrees of anxiety and sometimes post-traumatic stress disorder. Both form part of your injury and any compensation so don't be embarrassed to share how you're feeling with the professionals involved in your claim.

For more information about the personal injury claim process, visit our dedicated page about making a claim. If you've been hurt in an accident that wasn't your fault then contact us for a confidential chat on . Or if you would rather, you can start your injury claim online through our claim online tool. We're here to help.