Claiming compensation for a personal injury

Summary

There are different time limits within which you must begin legal action in a personal injury claim. You should get legal advice urgently if you want to claim compensation. The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury. In some cases, a court may decide to extend a time limit, depending on the circumstances of the case. Legal action for compensation for a personal injury can be expensive. You might be able to get help with legal costs from a conditional fee agreement or an insurance policy - many house contents policies, car insurance or travel insurance policies have legal expenses cover attached. A conditional fee agreement means that your solicitor will receive no fees if you lose your case. You may, however, have to pay the legal fees and expenses of the other side. Your solicitor will normally ask you to take out insurance to cover this situation. If you win your case, your solicitor's fees and expenses will normally be paid by the other side. If you had a minor injury, you might be able to claim.

Key information

• There are different time limits within which you must begin legal action in a personal injury claim. You should get legal advice urgently if you want to claim compensation.
• The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.
• In some cases, a court may decide to extend a time limit, depending on the circumstances of the case.
• Legal action for compensation for a personal injury can be expensive. You might be able to get help with legal costs from a conditional fee agreement or an insurance policy - many house contents policies, car insurance or travel insurance policies have legal expenses cover attached.
• A conditional fee agreement means that your solicitor will receive no fees if you lose your case. You may, however, have to pay the legal fees and expenses of the other side. Your solicitor will normally ask you to take out insurance to cover this situation. If you win your case, your solicitor's fees and expenses will normally be paid by the other side.
• If you had a minor injury, you might be able to claim compensation for free and without legal help using the Official Injury Claim service. The accident must have been on or after 31 May 2021.
• You can contact the Official Injury Claim service on the Official Injury Claim website.
• If you want to take legal action over a personal injury you should consult a solicitor who is a member of the Law Society’s personal injury accreditation scheme or clinical negligence accreditation scheme, depending on the nature of the injury. The Law Society can give details of solicitors on these accreditation schemes and can be contacted at:
• The Association of Personal Injury Lawyers (APIL) is a not-for-profit association of solicitors, barristers and academics who specialise in personal injuries work. Many lawyers belonging to APIL are part of an accreditation scheme.
• The accreditation scheme guarantees members are competent in a particular field of personal injury. Accredited lawyers from senior litigator level upwards have at least five years' experience of dealing with personal injury claims.
• All APIL members promise to follow a code of conduct and a consumer charter. They may be useful in helping you find a solicitor who can deal with your case. You can find out more about APIL at:
• The Motor Accident Solicitors Society (MASS) is an association of solicitors experienced in dealing with personal injuries resulting from motor accidents. Participating solicitors provide a free initial consultation. MASS can be contacted at:

Practical guidance

• Source: Claiming compensation for a personal injury

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