How Do Injury Claims Work? – The Personal Injury Claim Process Explained

By Daniel Picard. Last Updated 20th July 2022. In this guide, we will aim to answer the question “how do injury claims work?”. This guide will show you how the claims process works, the important aspects of making a claim and will explain to you how you could receive a reliable compensation estimate. You could claim for a range of injuries, from a traumatic brain injury to an ankle fracture.

In this guide, we will look at what compensation is and how personal injury claims work. We will also look at the circumstances in which you could be eligible to make a claim.

You might be wondering how much your claim could be worth. We will also examine how compensation is valued in a claim.

How do injury claims work

How do injury claims work? A guide

To learn more about the stages of a claim and your eligibility to make a claim, please don’t hesitate to contact our advisors if you prefer. Additionally, they offer free legal advice, are available 24/7 and can provide you with an accurate estimate in just a few minutes. Contact us today using the details below. 

On the other hand, please read on to learn more about claiming for various injuries. 

Jump To A Section

  1. A Guide On How Injury Claims Work
  2. What Is Compensation For An Injury?
  3. How Do You Find The Right Person To Handle Your Case?
  4. What Pre-action Protocols Do Solicitors Take?
  5. Submitting A Letter Of Claim
  6. What Evidence Do You Need To Submit?
  7. Negotiating The Settlement
  8. How Is Compensation Calculated? – See Example Payouts
  9. How Else Could You Be Compensated?
  10. No Win No Fee Injury Claims – How Do They Work?
  11. Contact Our Team
  12. Useful Links
  13. FAQs About What Happens When You Make A Claim 

A Guide On How Injury Claims Work

If you’ve suffered an injury and are looking to see if you can make a personal injury claim, this guide could help. The first and most important part of the claims process is determining whether you’re eligible for compensation.

Compensation is money paid to you because you’ve been injured or detrimentally affected by third-party negligence. If you’re not able to prove third-party negligence, you won’t receive compensation. 

What is duty of care?

Proving negligence revolves around the third party in question having a duty of care. Certain third parties have a duty of care they need to fulfil. If they breach this and it leads to you suffering an injury, you could claim because their negligence led to your injury. 

For example: 

  • Every road user owes a duty of care to all other road users. For this reason, you may be able to claim for injury caused by a road traffic accident. The Highway Code outlines the duty of care that road users owe to one another. If your injury is worth less than £5,000, you would need to claim through the method described in The Whiplash Injury Regulations 2021
  • Every occupier or controller of a public place. Their duty of care is outlined in the Occupiers’ Liability Act 1957.  
  • Employers who have a duty of care to their employees to, within reason, make sure the facilities are safe and secure enough to be used without causing harm. This is detailed in The Health and Safety At Work etc. Act 1974

Therefore, to claim successfully, you need to be able to prove that the third party had a duty of care, that their actions breached this, and these actions caused your injury.

To learn more, please get in touch with our advisors, who are available 24/7 at a time that works for you. They can offer you free legal advice. 

What Is Compensation For An Injury?

Personal injury claims work by compensating people who have been injured in an accident caused by third-party negligence. However, it isn’t just physical injuries you can receive compensation for. You can also receive compensation for psychological damage caused by the incident. 

Furthermore, you can usually receive compensation for all of the injuries you’ve suffered if you’ve sustained multiple injuries in the same accident. So, for instance, if you’ve sustained a ruptured Achilles’ tendon as well as concussion after a motor vehicle accident, you could be compensated for all of these injuries in the same claim. This means that you wouldn’t have to make several personal injury claims for different injuries caused by the same incident. 

How Do You Find The Right Person To Handle Your Case?

The benefits of making a personal injury claim include receiving compensation for an injury that has greatly impacted your life. You could even potentially receive compensation for accidents that you’re partially responsible for. This is called a “split liability” claim. However, you would receive less due to being deemed partially liable for the incident. 

Using a personal injury lawyer or solicitor can help because they can assist you in building your case. For example, they can help you by:

  • Arranging an appointment with a medical expert who can provide an assessment of your injuries
  • Collecting witness reports of the incident, if applicable
  • Helping the negotiation regarding the final settlement
  • Using legislation and other evidence to help build your case

Regarding the counsel you may be looking for, it ultimately depends on the injury and type of incident you’ve suffered the injury from. For example, if you have suffered a brain injury from a car accident, you may prefer to hire a solicitor specialising in car accident claims. 

Many people may choose to go with a local solicitor or lawyer. However, this may not always provide you with the most appropriate legal counsel, as they may not be specialised in your type of injury. 

The solicitors on our panel specialise in personal injury claims, have years of experience and can work with you on a No Win No Fee basis. This could make the claims process easier for you, and their expertise could result in you receiving thousands of pounds in compensation. Contact us today for more information. 

What Pre-action Protocols Do Solicitors Take?

After the accident, the first thing that many people choose to do is appoint a representative, such as a solicitor or a lawyer. The next stage is called pre-action protocols.

Certain parts of the pre-action protocol will differ depending on the type of incident you want to claim compensation for. A solicitor will be able to outline the appropriate pre-action protocols for your specific situation. 

The overall aims of pre-action protocols are to: 

  • Ensure that both parties to understand each other’s situation
  • Make decisions on the appropriate way to proceed
  • Attempt to settle the issues without proceedings
  • Consider a form of Alternative Dispute Resolution (ADR) to assist with reaching a settlement
  • Make the proceedings go as smoothly as possible
  • Avoid court proceedings, which can be costly and time-consuming. 

Specific pre-action protocols depend on the type of incident you’ve suffered. For example, if your injury is from a road traffic accident, there will be pre-action protocols that your solicitor will recommend for that type of incident.

 Read on to find out more about what a letter of claim entails, or get in touch with our team today for more information. 

Submitting A Letter Of Claim

Understanding what a letter of claim is is an important aspect of answering the question, “how do injury claims work?”. This is because this letter notifies the defendant of your intention to make a claim and breaks down why you want to take legal action.

This involves sending:

  • The initial notification – This is called a Claim Notification Form. The insurance company or other third party receives this, and they have 24 hours to respond. 
  • The letter of notification – This is the letter of claim. This will include details of your injury and explain why you want to claim. It will also outline any financial losses and expenses you’ve experienced due to the injury. This can include rehabilitation costs caused by the injury. 
  • Waiting for a response – They have 21 days to acknowledge the letter of claim. The response may involve them accepting liability or saying that they need longer to respond. 
  • The investigation procedure of the claim – If the defendant doesn’t accept liability, they need to still make your solicitor aware. The defendant and their legal counsel then have three months from the date of their response to investigate. This will help them determine if they want to accept liability or not. If they deny liability after three months, they need to confirm why. 

What Evidence Do You Need To Submit?

Additionally, as part of pre-action protocols, both parties will share evidence. This should lead to a quicker resolution to the claim meaning that the case may not need to go to court. The more evidence you’re able to provide showing that third-party negligence caused your injury, the likelier it is that you could receive compensation.  

This is how injury claims work. By submitting evidence, you can show how negligence led to your injury. Such evidence could include:

  • CCTV footage
  • Witness reports
  • Medical scans
  • An independent medical expert (this will usually be arranged as part of your claim)
  • Photographic evidence of both your injury and the incident itself 

Medical evidence

Medical evidence can be crucial in the claims process. It helps paint a picture, detailing your injuries to better reflect why you want to claim and potentially providing more validity by showing the physical and psychological injuries suffered. 

Gathering medical evidence can also include detailing how the injury has affected your everyday life. This could involve keeping a record of notes illustrating the changes and keeping a list of the procedures and medication you’ve been prescribed due to the incident. 

Negotiating The Settlement

Furthermore, depending on how the stages of the claim have gone, there are different ways that a settlement could be agreed upon.  We’ve looked at some of these below. 

Settling out of court

There will be some disputes that inevitably lead to court proceedings. However, many personal injury claims are settled before the court is required. 

Court can be an expensive and time-consuming process. For this reason, both parties might choose to settle the case out of court.

Court cases valued at less than £25,000

One of the important aspects of a claim is valuing the injury or injuries caused by the accident. You may be wondering, “how do injury claims work concerning claims worth less than £25,000?” In this instance, a fast track system ensures that the courts hear any claim within 30 days of being allocated. 

This multitrack system covers claims up to £25,000. It can, however, also deal with cases above that amount if expert witnesses are needed or if there are legal complications that result in the costs of the case rising. A timetable issued to both parties makes everyone aware of the relevant court dates. 

How Is Compensation Calculated? – See Example Payouts

We’re often asked, “how is compensation calculated?” This section should help you understand the valuation process better. Personal injury claims can often be comprised of two main heads of claim. They’re known as:

  • General damages – This figure is calculated to compensate you for the pain and suffering caused by your physical and psychological injuries. The value can vary depending on factors such as how severe your injuries are, and the impact they have on your life.
  • Special damages – Although not included in every claim, this figure can reimburse you for costs such as loss of earnings or expenses such as prescription costs associated with your claim.

The figures in the table below are examples of possible general damages payments. They have been taken from the 2022 edition of the Judicial College Guidelines (JCG). Whilst the figures are based on past court cases, your own claim will need individual assessment before an accurate figure can be arrived at.

Type of InjuryAmount of CompensationDescription
Brain£15,320 to £43,060In this bracket, the injured person will be able to take part in a normal social life and return to work due to a good recovery. However, there may not be a restoration of all normal functions so there will still be persisting problems, such as a poor memory.
Psychiatric Damage Generally£19,070 to £54,830This bracket includes injuries that cause significant problems to their ability to function in everyday life and return to work. It will also potentially affect their relationships with loved ones. However, the prognosis will be more positive than in more severe cases.
Post-Traumatic Stress Disorder£8,180 to £23,150In this bracket, the injured person will have largely recovered and there will be no grossly disabling effects from the injury.
Chest£31,310 to £54,830This bracket includes injuries leading to continuing disability due to damage caused to the lung(s) and chest.
Reproductive System: Male£43,010 to £88,750This bracket includes cases that lead to impotence that is most likely going to be permanent, in the case of a middle-aged man with children.
Reproductive System: FemaleIn the region of £10,200This incident causes failed sterilisation leading to an unwanted pregnancy. However, there is no serious depression or psychological impact.
Neck£13,740 to £24,990In this bracket, cases include soft tissue injuries or the most severe type of disc lesions causing cervical spondylosis.
Shoulder£12,770 to £19,200Injuries in this bracket include damage to the lower part of the brachial plexus or shoulder dislocation.
Clavicle£5,150 to £12,240This bracket is for suffering a clavicle fracture.
LegUp to £11,840This bracket is for simple fibula or tibia fractures or soft tissue injuries.

If you have any other questions regarding the personal injury claim settlement process in the UK, get in touch with us. Our advisors are here and ready to help on a 24/7 basis.

How Else Could You Be Compensated?

Similar to general damages, evidence is very important when claiming special damages. Therefore, the evidence needs to prove the value of the losses you want to claim. Evidence you can use includes: 

  • Bank statements
  • Invoices
  • Receipts

The kind of financial losses you can claim compensation for include:

  • Loss of earnings 
  • Loss of future earnings
  • Travel costs
  • Adaptations to your home caused by the injury
  • Prescription/medicine costs
  • Private medical expenses
  • Costs of needing a nurse

Furthermore, the personal injury claims time limit is also significant if you want to claim compensation. In most cases, you need to begin claims proceedings within three years of the injury or within three years of being made aware of the injury. However, some exceptions do apply, for instance, in relation to child accident claims. The Limitation Act 1980 describes this in more detail. 

No Win No Fee Injury Claims – how do they work?

You may be wondering what the benefits are for using a No Win No Fee personal injury solicitor from our panel. Their years of knowledge means that they know how injury claims work and can openly and honestly assess your chances of receiving compensation. They can help you claim the costs of things like rehabilitation and, if needed, could even look into you receiving interim payments if you’re suffering financially due to the injury. 

The other benefits include:

  • Not paying legal fees to them if the claim isn’t successful
  • Not having to pay legal fees throughout the claims process
  • Only paying legal fees once your claim is successful. In this instance, your personal injury lawyer will take a small, legally capped amount of compensation. 

Therefore, they won’t waste your time. They will only agree to take your claim if they feel you have a reasonably good chance of success. 

Contact Our Team

If you’d like to learn more about the claims process, please don’t hesitate to get in touch with one of our advisors.

They offer free legal advice, are available whenever you need and can tell you in just a few minutes if you’re able to claim. Our panel of personal injury lawyers or solicitors are specialised, highly experienced and work on a No Win No Fee basis, and you could be connected with one of them after speaking to a member of our team.

You can:

Useful Links 

Furthermore, please use the links below to learn more about how injury claims work. 

If you’ve suffered a broken bone and would like more medical advice, please refer to this NHS guide. 

For more medical guidance about amputation, please refer to this medical guidance.

Would you like to know statistics about road accidents and safety in Great Britain? If so, visit the Department for Transport’s website.  

FAQs About What Happens When You Make A Claim

See below for answers to FAQs about making a personal injury claim. 

How long do personal injury claims in the UK take?

It depends on many factors, such as whether the third party in question is willing to accept liability. Your case will take longer if it requires court proceedings. 

How long do personal injury claims take to pay?

Your solicitor may be able to inform you of the timescale for when you could receive compensation. However, the length of time this takes could vary depending on how complex the case is.  

What is the average payout for a personal injury claim in the UK?

It depends on the extent and severity of the injuries you’ve suffered. This will be determined with the help of a medical assessment. 

How are personal injury claims settled?

How injury claims work is that the two parties in question assess the evidence regarding the claim to determine who is liable for the injuries. Therefore, they can be settled without the need for the proceedings to reach court. 

Welcome to our guide looking at how injury claims work.

Written by MD

Edited FS