If you have been injured in an accident that wasn't your fault, making a personal injury claim can be a crucial step in getting the compensation you deserve. However, it can also feel like a big step, which is why it is so helpful to understand what will happen next before you speak to a solicitor.

The personal injury claims process is the series of steps used to assess what happened, gather evidence and seek compensation for your injuries. It helps establish who was responsible, how your injuries have affected you and what support may be needed.

Every personal injury claim is different; the process can depend on the type of accident, the injuries sustained, the evidence available and whether the other party accepts responsibility. However, most injury claims follow the same broad stages. These usually include getting legal advice, assessing whether you have a claim, gathering evidence, arranging a medical assessment, making the claim and negotiating a settlement.

This guide from JMW's personal injury team explains how the claims process works in England and Wales, so that you can begin your personal injury compensation journey with a full understanding of what to expect at each stage.

What Is the Personal Injury Claims Process?

The personal injury claims process is the route used to seek compensation after you have sustained injuries because of another party’s negligence. It is designed to establish what happened, who was responsible and how your injuries have affected your life.

At a glance, the claims process usually involves:

• Getting legal advice from a personal injury solicitor
• Assessing whether you have a claim
• Gathering evidence to support your case
• Arranging a medical assessment
• Valuing the claim based on your injuries and financial losses
• Making the claim against the other party or their insurer
• Negotiating a compensation settlement
• Considering court proceedings if the claim is disputed

Most injury claims do not follow a fixed timescale. A straightforward personal injury claim will move more quickly if the other party accepts responsibility early. More serious injury claims may need additional medical evidence before the full impact is clear.

The purpose of the process is to give you a clear route forward. It helps you understand how to make a personal injury claim, what evidence is needed and what happens next at each stage.

Step 1: Getting Legal Advice

The first step in the personal injury claims process is to get legal advice. By this point, you are likely to have already received medical attention and recorded some basic details about what happened. Speaking to a personal injury solicitor helps you understand whether you can make a claim and what the next steps are likely to involve.

During the first conversation, the solicitor will build a clear picture of the accident and how it has affected you. They will usually ask about:

• When and where the accident happened
• How the accident happened
• Who else was involved
• What injuries you sustained
• Whether there were any witnesses
• Whether the accident was recorded or reported
• What medical treatment you have received
• Whether your injuries have affected your work, care needs or daily life

You do not need to have every detail ready before you speak to a solicitor. This first conversation is about understanding the key facts, identifying what evidence may be useful and explaining how the claims process could work in your circumstances.

Can I start a personal injury claim on a no win no fee basis?

A solicitor can also explain how the claim will be funded. Many injury claims are handled on a no win, no fee basis, which is also known as a conditional fee agreement. This usually means there are no upfront legal costs to pay, and you do not pay your solicitor’s legal fees if the claim is unsuccessful. This type of agreement can reduce the financial risk of making a claim and means the funding position is clear from the outset.

Getting legal advice early can also help you understand whether any offer made by the other party reflects the full impact of your injuries. You can also discuss early on whether a no win, no fee personal injury claim is available, and learn what the agreement means before the claim begins.

Step 2: Assessing Whether You Have a Claim

Once you have spoken to a solicitor, the next stage is to assess whether you have grounds to make a personal injury claim. This involves looking at how the accident happened, who was responsible and whether your injuries were caused by another party’s negligence.

In broad terms, a successful personal injury claim may be possible where:

• Another party owed you a duty of care
• That duty of care was not met
• You sustained injuries as a result
• The injuries caused pain, disruption or financial losses

This is the basic legal framework behind many injury claims, but you do not need to assess this on your own. A personal injury solicitor can review the circumstances and explain whether the facts suggest that a claim is possible.

Accidents can happen anywhere, and the right next step will depend on the circumstances. Examples might include a road traffic accident caused by another road user, an accident at work involving faulty equipment or an injury in a public place caused by an avoidable hazard. In each case, legal advice can help you understand who the claim should be made against and what evidence would support it.

A solicitor will also consider the likely impact of your injuries. This can include your physical recovery, any ongoing medical treatment, time away from work, care needs and other practical effects on your daily life. This helps build a clearer picture of the personal injury compensation that may be sought as the claim progresses.

If the solicitor advises that you have a viable claim, they can explain what information is needed next and how the claims process will move forward.

Step 3: Gathering Evidence

After the initial assessment, the next stage in the personal injury claims process is gathering evidence. This evidence helps show how the accident happened, who was involved and how your injuries have affected your life.

The evidence needed depends on the type of accident and the impact of the injuries. In most injury claims, useful evidence includes:

• Photographs or video footage of the accident scene
• Details of the other party
• Witness statements
• Accident reports
• Details of any vehicles involved in a road accident
• Medical records
• Records of medical appointments
• Receipts for medical expenses
• Evidence of lost earnings or lost income
• Notes on ongoing medical treatment
• Records of care, travel or equipment costs

Evidence serves two main purposes. First, it helps establish what happened and who was responsible. Secondly, it helps show the effect the injuries have had on your health, work, finances and day-to-day life.

A solicitor will explain what evidence is most useful for your personal injury claim. They will also help gather further evidence where it is needed, including medical records, witness statements and documents that show your financial losses.

You should keep hold of any documents linked to the accident or your recovery. This includes letters, appointment records, receipts, travel records and wage slips. These records help build a clear picture of the claim and support the calculation of personal injury compensation later in the process.

What evidence is most useful in a personal injury claim?

The most useful evidence is evidence that clearly connects the accident, the injuries and the impact on your life. For example, photographs help show the accident circumstances. Medical records help show the injuries sustained and treatment received. Wage slips and employer records help show lost earnings.

You do not need to gather everything alone. A solicitor will guide you through the evidence needed and take steps to obtain documents from other organisations where appropriate.

Learn more about the kinds of evidence that can support a personal injury claim.

Step 4: Medical Evidence and Valuation

Medical evidence is central to the personal injury claims process. It helps show what injuries were sustained, how they have affected you and what support or treatment is needed as your recovery continues.

As part of the claims process, your solicitor will usually arrange a medical assessment with an independent medical expert. The expert will review your injuries, discuss your recovery and prepare a medical report. This report provides an informed view of the impact of the injuries and the likely outlook for the future.

The medical report will usually consider:

• The injuries sustained in the accident
• The treatment already received
• Any ongoing medical treatment
• The expected recovery period
• The impact on work, hobbies and daily life
• Any future medical care, rehabilitation or support needs

This evidence helps your solicitor value the claim. Personal injury compensation is usually split into two broad categories: general damages reflect the pain, symptoms and loss of amenity caused by the injuries, while special damages reflect financial losses, such as lost earnings, medical expenses, travel costs and care needs.

The compensation amount depends on the evidence. A solicitor will look at the medical report, your financial losses and the wider effect of the injuries before advising on how much compensation should be sought.

How much compensation could I receive?

There is no fixed amount for a personal injury claim. The value depends on the nature of the injuries, the recovery period, the medical evidence and the effect on your work, care needs and daily life.

A solicitor will advise on the likely value once the medical evidence and details of financial losses are available. This helps make sure that any compensation settlement reflects the full impact of the injuries before a final settlement is reached.

Step 5: Making the Claim

Once the claim has been assessed and the early evidence is in place, your solicitor will contact the other party or their insurance company. This begins the formal part of the personal injury claim.

The other party will then respond to the claim. They will either accept liability, admit fault in part, or dispute responsibility. They may also carry out their own investigations before providing a full response.

At all stages, your solicitor manages communication with the other party and their insurer. They will explain what each response means, what further evidence is needed and how the claims process will move forward.

If the other party accepts liability, the claim can progress towards medical evidence, valuation and negotiation. If the claim is disputed, your solicitor will review the reasons given and advise on the next steps.

What happens if the other party accepts liability?

When the other party accepts liability, the claim usually moves forward more quickly. The focus then turns to medical evidence, financial losses and the level of compensation needed to reflect the impact of the injuries.

In some cases, interim payments are requested before the final settlement. These are payments made while the claim is ongoing. They help cover immediate needs linked to the injuries, such as ongoing medical treatment, rehabilitation, care, travel costs or lost income.

JMW acts quickly to request interim payments where appropriate. This helps put practical support in place while the wider claim continues.

Step 6: Negotiation and Settlement

Once the medical evidence and details of financial losses are clear, your solicitor will value the claim. This valuation considers the injuries, the recovery period, the impact on daily life and any past or future losses linked to the accident.

Your solicitor will then negotiate with the other party or their insurance company. The aim is to reach a compensation settlement that reflects the full impact of the injuries and the support needed.

A settlement offer should be considered carefully before it is accepted. A strong offer should reflect:

• The medical evidence
• The pain, symptoms and disruption caused by the injuries
• The recovery period
• Lost earnings or reduced earning capacity
• Medical expenses and rehabilitation needs
• Care and support needs
• Travel costs and other related expenses
• Future losses where these apply

Your solicitor will advise on whether an offer properly reflects the evidence. If an offer is too low, they will explain why and continue negotiations with the other party.

Once a final settlement is agreed, the claim comes to an end. This is why it is important to understand the full impact of the injuries before accepting an offer. A solicitor will guide you through this decision and make sure the settlement reflects the evidence available.

What Happens If the Claim Is Disputed?

A personal injury claim is disputed when the other party does not accept responsibility, or when they disagree with the value of the claim. This is a normal part of some injury claims and does not bring the process to an end.

If the other party disputes liability, your solicitor will review the reasons they have given. They will then advise on the evidence needed to respond. This could include witness statements, accident reports, photographs, expert evidence or further documents from the organisations involved.

If the other party accepts liability but disputes the value of the claim, the focus will usually be on the medical evidence and financial losses. Your solicitor will explain why a particular level of compensation is being sought and will continue negotiations using the evidence available.

Court proceedings are sometimes needed where responsibility or compensation cannot be agreed. This does not mean that there will definitely be a court hearing. Many claims continue to settle through negotiation after proceedings have started.

The role of your solicitor is to keep the personal injury claim settlement process clear. They will explain what is being disputed, what the next step is and how the claim will continue.

How Long Does a Personal Injury Claim Take?

UK personal injury timelines will depend on the circumstances of the case. The main factors are usually whether the other party accepts liability, how serious the injuries are and how long it takes to understand the full impact on your recovery, work and daily life.

A straightforward claim often moves more quickly when the other party accepts responsibility early and the medical evidence is clear. Claims involving more serious or life changing injuries usually take longer because future care, rehabilitation and financial losses need to be assessed carefully.

The length of the claims process is affected by:

• Whether the other party accepts liability
• The type and severity of the injuries
• The recovery period
• Whether further medical evidence is needed
• Any ongoing medical treatment or rehabilitation
• The value of the financial losses
• Whether interim payments are needed
• Whether the claim is disputed

It is important not to settle a personal injury claim before the full impact of the injuries is understood. Accepting a compensation settlement too early could mean that future treatment needs, lost earnings or care requirements are not properly reflected.

Do All Claims Go to Court?

The vast majority of personal injury cases do not go to a final court hearing. Civil justice statistics for the first quarter of 2026 show that of the 450,000 monetary County Court claims during this period, only 13,000 went to trial.

Most claims are resolved through negotiation between the solicitors, the other party and their insurance company. Court proceedings are considered when responsibility is disputed, or when the parties cannot agree the right level of compensation; as such, starting court proceedings does not always mean that the claim will be decided at a court hearing. Negotiations often continue, and many claims still settle before a court date.

If court proceedings are needed, your solicitor will explain what happens next and prepare the claim carefully. This includes organising the evidence, explaining the court process and making sure each stage is handled clearly.

The key point is that going to court is not the standard route for most injury claims. It is one possible step in the claims process where agreement cannot be reached through negotiation