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Guide · Personal injury
Do I Need a Personal Injury Solicitor?
You don't have to use a solicitor to claim, but for most personal injury claims it's a good idea. A specialist solicitor works out everything your claim should include, gathers the evidence to prove who was at fault, deals with the other side's insurer and makes sure your claim is started in time. With No Win No Fee, there's nothing to pay upfront on eligible claims.
After an accident, you might wonder whether you can handle a claim yourself. This guide explains what a personal injury solicitor actually does, what it costs, and how to choose the right one.
- Do you have to use one?
- No, but most people do
- Upfront cost
- Nothing, on eligible No Win No Fee claims
- Success fee
- Capped by law at 25% of your compensation for pain and suffering and past losses
- Dealing with the insurer
- Your solicitor does it for you
Do you have to use a solicitor?
No. There's no legal requirement to use a solicitor for a personal injury claim. For some lower-value road traffic claims, there's even an online service built for people to use themselves: since 31 May 2021, adult drivers and passengers whose injuries are worth £5,000 or less usually claim through the Official Injury Claim service. See our guide to road traffic accident claims.
But claiming on your own means valuing your claim, gathering the evidence, getting a medical report and negotiating with an insurer that's acting for the other side, not for you. For most claims, and especially where an injury is serious or the other side denies blame, a specialist solicitor makes that much easier.
What does a personal injury solicitor do?
A solicitor handles the legal work of your claim from start to finish, so you can focus on getting better.
Works out what your claim should include
Not just your injury, but lost earnings, treatment, care, travel and future losses that are easy to miss if you claim on your own.
Gathers the evidence
Witness statements, accident reports, photos, CCTV and your medical records, collected before they're lost.
Arranges a medical report
An independent medical expert examines you and reports on your injury and recovery. This is central to valuing your claim.
Deals with the insurer
Your solicitor handles all contact with the other side, presents the evidence and advises you on whether any offer is fair.
Meets every deadline
From the time limit for starting your claim to deadlines set by the court, your solicitor makes sure nothing is missed.
Helps you get support early
Your solicitor can ask the insurer to fund treatment or rehabilitation, or to make an interim payment while the claim goes on.
Should you accept the insurer's first offer?
Sometimes an insurer will offer to settle soon after an accident, before you've had a medical report. It can be tempting to accept, but there are risks:
- The full effect of your injury may not be clear yet
- The offer may not include future losses, such as treatment or time off work you'll need later
- Once you accept, you usually can't go back and ask for more, even if your injury turns out to be worse
The insurer acts for the person or business you're claiming against. A solicitor acts only for you, and will usually want medical evidence before advising you whether an offer is fair.
How much does a personal injury solicitor cost?
Most personal injury claims are handled on a No Win No Fee basis, under a Conditional Fee Agreement.
Nothing upfront
There's nothing to pay at the start of an eligible claim.
If your claim doesn't succeed
You don't pay our fees. Insurance can protect you against certain other costs.
If your claim succeeds
Most of your legal costs are usually paid by the other side. A success fee is taken from your compensation, capped by law at 25% of your compensation for pain and suffering and past losses.
Explained before you sign
We'll tell you exactly what you could pay, and when, before you agree to anything.
How to choose a personal injury solicitor
Look for a firm that:
- Is regulated by the Solicitors Regulation Authority. You can check any firm on the SRA's online register.
- Specialises in personal injury, and has handled claims like yours
- Explains its fees clearly, in writing, before you sign
- Gives you an honest view of your claim, even if that means telling you it's unlikely to succeed
- Keeps you updated and gives you someone to contact
Injuries Direct is a trading name of NJS Law Limited, authorised and regulated by the Solicitors Regulation Authority (SRA number 8006550). If you already have a solicitor and you're not happy, you can usually change your personal injury solicitor.
Using a solicitor: FAQs
Do I have to use a solicitor to make a personal injury claim?
No. You can claim on your own, and adult drivers and passengers in road traffic accidents with injuries worth £5,000 or less usually claim through the Official Injury Claim service, which is designed to be used without a solicitor. But for most claims, a specialist solicitor makes it much easier to value your claim, gather evidence and deal with the insurer.
How much does a personal injury solicitor cost?
Most claims are handled on a No Win No Fee basis, so there's nothing to pay upfront on eligible claims. If your claim doesn't succeed, you don't pay our fees. If it succeeds, a success fee is taken from your compensation, capped by law at 25% of your compensation for pain and suffering and past losses. See No Win No Fee explained.
Will I get more compensation with a solicitor?
Every claim is different, so no one can promise a particular amount. What a solicitor does is make sure every part of your claim is included, including future losses, back it up with medical and other evidence, and advise you whether an offer is fair. The other side's insurer won't do that for you.
Will my claim have to go to court?
Most personal injury claims settle without a court hearing. Sometimes court proceedings have to be started, for example to protect the time limit or if the other side won't agree, but even then most claims settle before a trial. If a hearing is needed, your solicitor handles it and prepares you for it.
When should I contact a solicitor?
As soon as you can after the accident. You usually have 3 years to start a claim, but evidence is easier to gather early, and a solicitor can help you get treatment sooner. See how long you have to claim.
Can I change my solicitor if I'm not happy?
Yes, in most cases. Your new solicitor will usually arrange the transfer of your file, and your claim carries on. See changing your personal injury solicitor.
Been injured in an accident?
Talk to our team for free, with no obligation. We'll give you an honest view of your claim and explain how we can help. Eligible claims are handled on a No Win No Fee basis.