If you have been injured in an accident that was not your fault, you may be entitled to claim compensation. Understanding the personal injury claims process can help you decide what to do next and how to move forward with confidence.

This guide explains the full process of a personal injury claim, from your first contact with a solicitor through to the personal injury claim settlement process. We outline how liability is assessed, what evidence is required, how a medical assessment works and how compensation is calculated. We also explain the personal injury limitation period and what happens if court proceedings become necessary.

If you are considering claiming for personal injury compensation, read our guide to learn more, or get in touch with JMW’s personal injury team. We can explain your options, assess your circumstances and support you through every stage of the claims process.

What Is a Personal Injury Claim?

A personal injury claim is a legal process that allows an injured person to seek compensation where their injury was caused by another party’s negligence. A claim could arise from a road traffic accident, an accident at work, industrial disease claims or incidents involving faulty equipment, among other examples. These accidents can happen anywhere, and seeking legal advice early allows you to understand your position.

These cases can involve a minor injury such as a simple fracture, or a serious injury requiring long-term treatment and support. Some people also experience psychological injury linked to physical harm. Every case depends on its own circumstances and the available evidence.

The personal injury claims process is designed to establish fault, gather all the evidence that shows how you were injured and assess how the injury has affected your life. In most claims, the other side’s insurance company will handle the response and confirm whether they accept liability. If liability is accepted, the claim moves into the personal injury claim settlement process. If it is disputed, further evidence may be required and court proceedings may become necessary.

The vast majority of personal injury claims resolve without a court hearing. Only a small percentage proceed to the court process. Throughout, your solicitor manages investigations, obtains medical records, arranges the necessary assessments and works with legal experts to build the strongest possible case on your behalf.

When Can You Make a Personal Injury Claim?

You may be able to bring an injury claim if you were injured in an accident that should not have happened. The key issue is responsibility. If another party failed to take reasonable care and that failure caused harm, you may have grounds to claim compensation.

In practical terms, your solicitor will look at:

• What happened and how the accident occurred
• Who was responsible at the time
• Whether the injury was a direct result of the negligence

This assessment forms the foundation of the claims process. It allows us to decide how to proceed and what evidence is required to support your personal injury case.

Each claim depends on its own circumstances. Some cases involve a single incident, such as a road traffic accident. Others develop over time, such as certain industrial disease claims. The approach will vary, but the aim remains the same: to establish liability and secure a fair compensation settlement.

Time limits for bringing a claim

Strict time limits apply to personal injury claims in England and Wales. In most cases, court proceedings must be started within three years of the accident. In some situations, the three-year period runs from the date you first became aware that your injury was linked to another party’s actions.

Different rules apply in certain cases:

• If the injured person was under 18 at the time of the accident, the limitation period generally begins on their 18th birthday.
• If a person lacks mental capacity, the time limit may not apply unless capacity is regained.

Taking early legal advice helps protect your position and allows your solicitor to begin gathering medical records, witness statements and other evidence without delay. Learn more about the time limits on making a personal injury claim.

The Step-By-Step Personal Injury Claims Process

Understanding the process of a personal injury claim can make it easier to decide what to do next. While every personal injury case depends on its own facts, most claims follow a clear structure. Below, we explain each stage of the personal injury claims process, and how the settlement process typically works in England and Wales.

Step 1: Initial enquiry and free consultation

The process begins when you contact a specialist solicitor. You can contact JMW by telephone or learn more about making a claim online through our enquiry form. At this stage, we will:

• Discuss how the accident happened
• Review your injury and any medical treatment received
• Consider who may be responsible
• Explain the next steps

We will also explain funding options, and the conditional fee agreement under which we typically pursue personal injury claims. This type of agreement means you do not pay legal fees upfront. Legal costs and fees are clearly explained before any agreement is entered into, so you understand how the arrangement works.

If we decide there are reasonable prospects of a successful personal injury claim, we will formally begin the claims process on your behalf.

Step 2: Investigating your claim

Once instructed, your solicitor will begin detailed investigations. This stage focuses on establishing liability and gathering supporting material.

We may:

• Request accident reports and relevant documentation
• Obtain medical records
• Take witness statements
• Carry out our own investigations where required

The other party or their insurance company will be notified of the claim and asked to confirm whether they accept liability. If liability is accepted, the personal injury claim settlement process can move forward. If it is denied, further evidence may be required.

Throughout this stage, we focus on building a strong case using all the evidence available.

Step 3: Gathering evidence and building your case

Evidence is central to any injury claim. To support your case, we will collect and review:

• Medical records
• Witness statements
• Photographs or CCTV footage, where available
• Proof of financial losses, such as lost income or medical expenses

In some cases, additional expert input may be needed to provide further evidence to explain technical issues, such as how faulty equipment caused an accident.

This stage allows us to present a clear and well-supported case to the other side and their insurance company. Take a look at our standalone guide to what evidence may be needed to make a personal injury claim.

Step 4: Medical assessment

A medical assessment is arranged with an independent specialist. This is an essential part of the personal injury claims process.

The expert will:

• Examine your injury
• Review your medical records
• Prepare a detailed medical report

The medical report explains the nature of the injury, the timeline for your expected recovery and any long-term impact. It also considers ongoing symptoms and future treatment needs.

This report plays a central role in deciding how much compensation may be appropriate and forms part of the evidence used during negotiations.

Step 5: Valuing your claim

Once the medical report and supporting evidence are available, we assess how much compensation to seek. This stage of the personal injury claims process focuses on the full impact of the injury.

Compensation is generally divided into two categories:

• General damages: covering pain, suffering and loss of amenity caused by the injury.
• Special damages: covering financial losses and expenses linked to the accident.

Special damages may include lost income, medical expenses, rehabilitation costs and other out-of-pocket expenses. Where a serious injury has long-term consequences, future financial losses are also considered.

We review all the evidence, including the medical assessment and proof of financial losses, to calculate an appropriate figure. This forms the basis of negotiations during the personal injury claim settlement process.

Many people ask how much compensation they may receive. The answer depends on the nature of the injury, recovery time, financial losses and overall circumstances. Each personal injury case is assessed individually.

Step 6: Negotiation, resolution and court proceedings

After the claim has been valued, we begin negotiations with the other side or their insurance company. If they accept liability, discussions focus on reaching a compensation settlement that reflects the evidence gathered.

The vast majority of personal injury claims resolve through negotiation. Only a small percentage result in court proceedings.

If a fair settlement cannot be agreed, your solicitor may issue court proceedings. This does not mean the case will automatically go to court. Often, settlement discussions continue after proceedings are issued. If necessary, we will represent you throughout the court process, including at any court hearing or court date.

Where appropriate, interim payments may be requested before a final settlement is reached. These payments can help with immediate financial pressures such as lost income or medical expenses.

Our role is to manage every stage of the claims process, protect your position and work towards a fair compensation settlement on your behalf.

Q

Can I claim if the accident happened abroad?

A

It may still be possible to claim compensation if the accident happened abroad. The process will depend on where the accident occurred and who was responsible.

In some cases, a claim can be brought in England and Wales, particularly if the other party is based here or insured here. In other situations, different procedures may apply. Early legal advice allows us to review the circumstances, identify the correct defendant and explain how the claims process would work.

If you were injured in an accident abroad, contact us as soon as possible so we can assess your position and advise on the appropriate next steps.

Q

How are personal injury claims funded?

A

Most personal injury claims are funded through a conditional fee agreement, also known as a no win, no fee agreement. This means you do not pay legal fees upfront, and if the claim is unsuccessful, you will not owe anything. This removes any financial risk from the process of making a claim.

The agreement will explain clearly how legal costs and fees are handled and what happens at the conclusion of the claim. During your initial consultation, we will explain your options, answer questions about legal costs and ensure you understand how the agreement works before proceeding.