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The claims process · England & Wales
The Personal Injury Claims Process
Most personal injury claims follow eight stages: a free first conversation, agreeing no win no fee funding, notifying the other side, a decision on fault, medical evidence, valuing your claim, negotiation, and settlement. The other side usually has 21 days to acknowledge your claim and up to three months to investigate fault. Most claims settle without a court hearing.
Here's exactly what happens at each stage of your claim, what we do, what we'll ask of you, and how long each part usually takes.
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The claims process at a glance
Every claim is different, but most follow these eight stages. Select a stage to read what happens.
The 8 stages of a personal injury claim
We'll keep you updated at every stage and explain what's happening in plain English. You can ask us a question at any point.
Stage 1
Free first conversation
You tell us what happened, how you were injured and how it's affected your life, work and finances. We'll ask about who was responsible, when it happened and whether anyone saw it. We'll then tell you honestly whether we think you have a claim.
- What we do
- Listen, ask questions and check the time limit
- What you do
- Tell us what happened, in your own words
- Typical timing
- One phone call
- Cost
- Free, with no obligation
Stage 2
Agreeing no win, no fee
If we can take on your claim, we'll explain how it's funded, usually through a no win, no fee agreement (a Conditional Fee Agreement). We'll set out in writing what you could pay if you win, including any success fee and insurance premium, before you sign anything.
- What we do
- Explain funding and send you our agreement
- What you do
- Read it, ask questions, and sign if you're happy
- Typical timing
- Usually within a few days
- Cost
- Nothing to pay upfront
Stage 3
Notifying the other side
We send a Letter of Claim to the person or organisation responsible, or their insurer. It sets out what happened, why we say they're at fault, and your injuries. Some lower-value claims are sent through an online portal instead, such as the Claims Portal or the Official Injury Claim service for some road traffic claims. These have their own, shorter deadlines.
- What we do
- Prepare and send the claim to the other side
- What you do
- Check the details we send you are right
- Typical timing
- The other side should acknowledge within 21 days
Stage 4
Deciding fault
The other side's insurer investigates and tells us whether they admit fault (liability), deny it, or admit it in part. If fault is denied, we gather more evidence, such as witness statements, photos, CCTV or accident reports, and challenge their decision. If you were partly to blame, your compensation may be reduced.
- What we do
- Gather evidence and respond to their decision
- What you do
- Send us any photos, receipts or witness details
- Typical timing
- Up to 3 months after acknowledgement
Stage 5
Medical evidence and treatment
We arrange for an independent medical expert to examine you and report on your injuries, treatment and likely recovery. This can be in person or by video. If fault is accepted, we can ask the insurer to pay for early treatment, such as physiotherapy or counselling, under the Rehabilitation Code.
- What we do
- Instruct the expert and request rehabilitation
- What you do
- Attend the appointment and follow medical advice
- Typical timing
- Depends on your recovery; serious injuries take longer
Stage 6
Valuing your claim
Once your medical evidence is clear, we work out what your claim is worth. This is made up of general damages for your pain, suffering and loss of amenity, valued using the Judicial College Guidelines or the whiplash tariff, plus special damages for your financial losses, such as lost earnings, care, travel and treatment.
- What we do
- Value your injury and calculate your losses
- What you do
- Give us payslips, receipts and details of your losses
- Typical timing
- Once your prognosis is known
Stage 7
Negotiation
We put your claim to the insurer and negotiate for fair compensation. We'll tell you about every offer, explain whether we think it's fair, and give you our advice. The decision to accept or reject is always yours. If fault is admitted and you're struggling financially, we can ask for an interim payment before the claim settles.
- What we do
- Negotiate and advise you on each offer
- What you do
- Decide whether to accept, with our advice
- Typical timing
- Weeks to months, depending on the claim
Stage 8
Settlement or court
Most claims settle at this stage. If a fair settlement can't be agreed, or the time limit is close, we may start court proceedings. Starting proceedings doesn't mean there'll be a trial; most claims still settle before a hearing.
- What we do
- Finalise the settlement or issue proceedings
- What you do
- Confirm you're happy with the settlement
- Typical timing
- Court adds months; see if it goes to court
How long does each stage take?
There's no fixed timescale for a personal injury claim. The court's pre-action rules set some deadlines for the other side, but the biggest factors are whether fault is admitted and how long your recovery takes, because a claim usually can't be valued until a medical expert can say how your injuries will affect you.
Simpler claims where fault is admitted often settle within a year. Serious injury claims, or claims where fault is disputed, can take several years.
| Stage | Usual deadline or timing |
|---|---|
| Acknowledging your claim | Within 21 days of the Letter of Claim |
| Investigating fault | Up to 3 months from acknowledgement |
| Portal claims | Shorter deadlines set by each portal |
| Medical evidence | Depends on your recovery |
| Negotiation | Weeks to months |
| Time limit to start court proceedings | Usually 3 years from the accident (see time limits) |
Sources: Pre-Action Protocol for Personal Injury Claims; Limitation Act 1980.
What you need to do during your claim
We do the legal work, but a few things on your side make a real difference to how smoothly your claim runs.
Do
- Get medical help and follow the advice you're given
- Keep receipts for costs such as travel, prescriptions and treatment
- Keep a simple diary of your symptoms and what you can't do
- Note the names and contact details of any witnesses
- Tell us if your symptoms or circumstances change
Don't
- Discuss your claim with the other side or their insurer; refer them to us
- Accept an offer made directly to you without advice
- Post about your accident, injuries or claim on social media
- Exaggerate your injuries or losses
- Wait until close to the three-year time limit to get in touch
What happens if my claim goes to court?
Court proceedings are started if the other side won't agree a fair settlement, denies fault, or the time limit is about to run out. Starting proceedings is often what brings the other side back to the table, and most claims still settle before a trial.
If your claim does go to a hearing, we'll prepare you fully, explain what to expect, and be with you throughout.
| Court track | Usually for claims worth |
|---|---|
| Small claims track | Lower-value claims, including many whiplash claims |
| Fast track | Up to £25,000 |
| Intermediate track | £25,000 to £100,000 |
| Multi-track | Over £100,000, or more complex claims |
Source: Civil Procedure Rules, Part 26. The track also depends on complexity.
What happens after your claim settles?
Once a settlement is agreed, the insurer pays the compensation to us, usually within a few weeks. We then send it on to you.
You receive your compensation
We'll send you a clear breakdown of your compensation and any deductions agreed in your no win, no fee agreement before we pay you.
Claims for children
A court must approve any settlement for a child. The money is normally held and invested until they turn 18.
Protecting your benefits
Compensation can affect means-tested benefits. A personal injury trust can usually protect them, and we'll explain your options.
Who will handle your claim?
Claims are run by NJS Law's personal injury team, led by Leanne Henton. Meet the full team.
Leads NJS Law's personal injury team and personally handles its most complex cases, including serious injury claims.
Read Leanne's profile →
A solicitor advocate specialising in public liability, occupiers' liability and employer's liability claims.
Read Angela's profile →
Particular experience in public liability and employer's liability claims.
Read Laura's profile →
More than 30 years' litigation experience, built on road traffic accident claims.
Read Joanne's profile →Find out more about your type of claim
The process is broadly the same for every claim, but each type has its own rules and evidence. Read more about yours, see our guide to how personal injury claims work and how long you have to claim, or browse all our guides.
Claims process FAQs
Do I have to deal with the other side or their insurer?
No. Once we're acting for you, we deal with the other side and their insurer. If they contact you directly, take their details, don't discuss your claim, and pass them to us.
What happens if the other side denies fault?
We look at their reasons, gather further evidence such as witness statements, photos, CCTV or accident reports, and challenge their decision. If they still deny fault and we think your claim is strong, we may start court proceedings.
Will I need a medical examination?
Yes, in almost every claim. An independent medical expert examines you, in person or by video, and writes a report on your injuries and recovery. We arrange the appointment and the cost is covered as part of your claim.
Can I get treatment paid for during my claim?
Often, yes. Under the Rehabilitation Code, we can ask the other side's insurer to fund treatment such as physiotherapy, counselling or home adaptations while your claim is ongoing, usually once fault is accepted.
Can I get some compensation before my claim settles?
If fault has been admitted, we can ask for an interim payment, which is an advance on your final compensation. It can help with lost earnings, treatment or other costs while your claim continues.
What happens when I get an offer?
We'll tell you about every offer, explain whether we think it's fair, and give you our advice. The decision to accept or reject an offer is always yours.
How quickly will I be paid once my claim settles?
The insurer usually pays within a few weeks of a settlement being agreed. We then send you your compensation with a clear breakdown of any agreed deductions. Settlements for children need court approval first.
Will I have to give evidence in court?
Only if your claim goes to a trial, which is rare. Most claims settle before a hearing. If you do need to give evidence, we'll prepare you and explain exactly what to expect.
What if the time limit is about to run out?
We can start court proceedings to protect your claim, then carry on gathering evidence and negotiating. Get in touch as soon as you can if your accident was close to three years ago. Our time limits guide explains the deadlines and exceptions.
What if the driver who hit me wasn't insured?
You may still be able to claim through the Motor Insurers' Bureau, which compensates people injured by uninsured or untraced drivers. The process is similar, and we can handle it for you.
Ready to start your claim?
Talk to our personal injury team for free, with no obligation to claim. Eligible claims are handled on a no win, no fee basis.
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