If you have been injured in an accident that was not your fault, you may be wondering whether you are eligible for a personal injury claim. The answer to this question will depend on what happened, who was responsible and how the injury has affected you.

Generally speaking, you may be able to make a personal injury claim if you were injured because another person, business, employer or organisation failed to take reasonable care. This could include an accident at work, a road accident, an accident in a public place or another situation where someone else’s actions caused you harm.

Not every injury leads to a valid injury claim. To claim compensation, you need to show that someone else was at fault and that their actions caused your injury. There is also a legal time limit for starting a claim in England and Wales.

In this guide, JMW's expert personal injury team will explain the main points that affect whether you are eligible for a personal injury compensation claim. This will help you to determine what makes a claim valid, what evidence is needed and when to seek legal advice.

When Might You Be Able to Claim?

You might be able to make a personal injury claim if your injury was caused by another person or organisation failing to take reasonable care. These accidents can happen anywhere. If you are unsure whether you have grounds to claim compensation, you should seek legal advice.

Common situations include:

• Accidents at work: you could make a claim for personal injury at work if your employer failed to provide safe equipment, proper training, suitable supervision or a safe system of work. This could include injuries involving faulty equipment, unsafe working practices or hazards that should have been addressed.
• Road traffic accidents: road traffic accidents can lead to an injury claim where another road user was at fault. This includes accidents involving drivers, passengers, pedestrians, cyclists and motorcyclists. If the driver was uninsured or cannot be traced, a claim may still be possible through the Motor Insurers’ Bureau.
• Accidents in public places: you could claim compensation if you were injured in a place managed by a business, local authority or other organisation, and the accident happened because reasonable steps were not taken to keep people safe.
• Defective product injuries: a personal injury compensation claim may be possible if you were injured by a faulty or unsafe product. This can include products that were poorly designed, poorly made or sold without proper safety information.
• Criminal injury claims: if you were injured because of a violent crime, you may be able to seek compensation through a different claims process. These claims have different rules and time limits, so it is important to get legal help early.

The key issue is not only where the accident happened. It is whether another party owed you a duty of care, breached that duty and caused your injury. A personal injury solicitor can review the circumstances and explain whether legal action is available.

What Needs to Be Proven?

As explained above, to make a personal injury claim, you need to prove that another party was responsible for your injury. This usually means showing that they owed you a duty of care, breached that duty and caused the injury you sustained.

Being able to prove this will depend on the availability of evidence that will help to show what happened and how the injury has affected you. Useful evidence can include:

• Accident records: this could include an accident book entry, workplace report or incident record.
• Photographs or videos: images of the accident scene, the hazard or the vehicles involved can help show what happened.
• Witness details: names and contact details for anyone who saw the accident can support your claim.
• Medical records: these help show the injury, treatment and recovery process.
• A medical report: this is usually prepared after a medical assessment or medical examination. It explains the injury, prognosis and any ongoing medical treatment.
• Receipts and documents: these can show financial losses, lost earnings, travel costs, care costs and other costs linked to the injury.
• Correspondence: letters or emails from an employer, business, local authority or insurance company can help establish the key facts.

You do not need to gather everything before speaking to a solicitor. Personal injury solicitors can explain what is needed and help identify further evidence. They can also deal with the other party and their insurance company on your behalf.

The evidence should show both the cause of the injury and its impact. This includes the physical effects, the financial impact and any support needed during recovery. Find out more about the types of evidence that can help to support a personal injury claim.

Who Can Make a Personal Injury Claim?

The injured person will usually make the personal injury claim. This means the person who sustained the injury will seek compensation from the person, business or organisation responsible.

There are also situations where someone else can act on behalf of the injured person.

• A parent or litigation friend can claim for a child: children cannot start legal action in their own name. A parent, guardian or another suitable person can act as their litigation friend and make decisions in their interests.
• A litigation friend can act for someone who lacks mental capacity: if a person cannot manage the claim themselves, another person can act on their behalf. This must be done in the person’s interests.
• A family member may be able to seek advice after a fatal accident: certain family members can take legal advice about whether a claim can be made following a fatal accident.

This means that the right to claim is not always limited to the injured person acting alone. If you are unsure who can make a personal injury claim, legal advice can clarify the correct route.

Can I Make a Personal Injury Claim After 3 Years?

The general rule in England and Wales is that most personal injury claims must be started within three years. This time limit usually runs from the date of the accident.

In some cases, the three-year period runs from the date you first knew that your injury was linked to someone else’s actions. This is known as the date of knowledge. It can apply where the cause of the injury was not clear straight away.

There are also different rules for children and people who lack mental capacity:

• Children: a child has until their 21st birthday to start a claim. A parent, guardian or litigation friend can start the claim earlier on their behalf.
• People who lack mental capacity: the three-year time limit does not usually run while the person lacks capacity.
• Criminal injury claims: these often have a shorter time limit. You should seek advice as early as possible.

A court can allow a claim to continue outside the usual time limit in some circumstances, but these exceptions are very rare and cannot be relied upon in most cases. The safest step is to get legal help as soon as you can.

Learn more about the time limit for personal injury claims.

Can You Make a Claim Yourself?

You can make some types of personal injury claim yourself. However, it is important to understand which route applies and whether legal advice would help.

For certain lower-value road traffic accident claims, the Official Injury Claim service allows people to manage the claim without a solicitor. This is also known as the Official Injury Claim portal. It is designed for specific types of road accident claim and will not be suitable for every injury claim.

A solicitor can help you understand whether the official injury claim route applies. They can also explain whether your injury, circumstances or financial losses mean that specialist advice is needed.

Personal injury solicitors can help by:

• Assessing whether you have grounds to claim compensation
• Explaining the claims process
• Gathering evidence from the other party
• Arranging a medical assessment
• Reviewing medical evidence and a medical report
• Dealing with the insurance company
• Calculating how much compensation should be claimed
• Advising on legal costs and legal fees
• Explaining whether court proceedings are needed

Many compensation claims are handled through a no win, no fee personal injury claim arrangement. This is usually set out in a conditional fee agreement. The fee agreement should explain how legal costs work before the claim begins.

Making a claim yourself may feel straightforward at first. However, a personal injury compensation claim can involve questions about evidence, liability, injury value and future needs. Expert personal injury solicitors can guide you through each step and help you make informed decisions.

Common Situations Where You May Be Able to Claim

Many people are unsure whether they can make a personal injury claim because the circumstances do not feel clear-cut. The right answer depends on the details. However, the following situations often lead people to seek legal advice.

You were partly responsible

You may still be able to claim compensation if you were partly responsible for the accident. This is known as contributory negligence.

For example, another party may have been mainly responsible, but your own actions also played a part. If this applies, the compensation amount can be reduced to reflect your share of responsibility.

You did not report the accident straight away

It is always helpful to report an accident as soon as possible. This creates a clear record of what happened. However, not reporting it straight away does not always prevent an injury claim.

Other evidence can still help. This could include medical records, photographs, witness details, CCTV footage or correspondence with the other party.

There were no witnesses

You may still be able to make a claim if nobody saw the accident happen. Witness evidence is useful, but it is not the only type of evidence.

Photographs, accident records, medical evidence and documents from the responsible party can also help show what happened. A solicitor can identify what further evidence may support your claim.

The injury seemed minor at first

Some injuries seem minor at first and become clearer later. You should seek medical advice if you notice symptoms after an accident, or if the injury affects your work, mobility or daily routine.

A minor injury can still form part of a personal injury claim if it was caused by someone else’s negligence. Medical evidence will help show the extent of the injury and how long recovery is likely to take.

You were injured at work and still work for the same employer

You can seek legal advice if you were injured at work and still work for the same employer. Employers are required to have insurance in place for workplace injury claims.

A claim is usually handled through the employer’s insurance company. It should focus on what happened, what injury was caused and what support or compensation is needed.

You have nerve damage

You may be able to claim compensation for nerve damage if it was caused by another party’s negligence. Nerve damage can have a significant impact on movement, sensation, pain and daily activities.

Medical evidence is important. A medical report will help explain the cause of the injury, the likely recovery and whether any ongoing medical treatment is needed.

How Can I Make a Personal Injury Claim?

The first step in making a personal injury claim is to speak to a solicitor about what happened. You do not need to be certain that you have a valid claim before asking for advice. A solicitor can review the circumstances and explain whether you have grounds to claim compensation.

The personal injury claims process usually involves:

• Assessing the claim: your solicitor will look at how the accident happened, who was responsible and whether the claim is within the legal time limit.
• Gathering evidence: this can include accident records, photographs, witness details, medical records and information from the other party.
• Arranging medical evidence: a medical assessment will usually be arranged. The medical report will explain the injury, recovery, prognosis and any ongoing medical treatment.
• Calculating compensation: your solicitor will assess the injury itself and any financial losses. This can include lost earnings, treatment costs, travel expenses, care and other costs linked to the injury.
• Contacting the responsible party: the claim will usually be sent to the other party or their insurance company.
• Negotiating the claim: if responsibility is accepted, your solicitor will negotiate a compensation settlement based on the evidence.
• Considering court proceedings: most claims are resolved without a court hearing. If court proceedings are needed, your solicitor will explain the court process and represent your interests.

In serious injury claims, interim payments may be available before the final settlement where responsibility has been admitted. These can help cover costs linked to treatment, rehabilitation, care and practical support.

You can learn more about the stages in detail by reading our guide to the personal injury claims process.

When to get legal advice

You should seek legal advice as soon as you can if you are unsure whether you can make a personal injury claim. Early advice helps clarify the time limit, the evidence needed and the right claims process.

Legal advice is especially important if:

• The injury has affected your work, mobility or daily routine.
• You need ongoing medical treatment.
• The other party or insurance company disputes what happened.
• You are unsure who was responsible.
• The injury involved a child or someone who lacks mental capacity.
• You are close to the three-year time limit.

JMW’s expert personal injury lawyers can explain your options clearly. They can advise on eligibility, gather evidence and guide you through each stage of the claim.