How to Make a Personal Injury Claim — Step by Step
Last reviewed: June 2026 · EA Personal Injury Solicitors
Making a personal injury claim involves several stages: seeking medical attention, gathering evidence, instructing a solicitor, sending a Letter of Claim, investigating liability, obtaining medical evidence, negotiating a settlement and, if necessary, issuing court proceedings. Most claims settle without going to court.
TL;DR — Quick Summary
Key Points
- Seek medical attention and report the accident promptly.
- Gather evidence — photographs, witness details, accident records.
- Seek legal advice as soon as possible.
- Your solicitor sends a formal Letter of Claim to the defendant.
- Medical evidence is obtained through an independent examination.
- Most claims settle through negotiation without going to court.
Step 1: Get Medical Treatment
Your health comes first. If you have been injured, seek medical attention as soon as possible — from A&E, your GP, or a paramedic. This creates a medical record of your injury at the time it happened, which will be important evidence later.
Do not delay seeking medical help in order to gather evidence. Get yourself checked over first.
Step 2: Report the Incident
If the accident happened at work, report it to your employer and ensure it is entered in the accident book. If it happened on the road and involved another vehicle, exchange details and report to the police if required. In a public place, report the incident to the manager and ask for their incident report reference.
Prompt reporting creates a contemporaneous record that can corroborate your account later.
Step 3: Gather Evidence at the Scene
If it is safe to do so, gather evidence at the scene:
- Take photographs of the hazard, accident location, your visible injuries and any damage to property.
- Get the names and contact details of witnesses.
- Note details of the time, date, weather conditions and any other relevant factors.
- In a road traffic accident, note the other driver's name, address, vehicle registration, and insurer details.
Step 4: Seek Legal Advice
Contact a solicitor as soon as possible. Most firms offer a free initial enquiry with no obligation. A solicitor will:
- Listen to what happened and ask questions about the accident and your injuries.
- Give you an initial view on whether you may have a claim.
- Advise you on the strength of your evidence and what else you might need.
- Explain the funding options, including no win, no fee.
You can contact us for a free initial enquiry or use our claim checker.
Step 5: Sign a Funding Agreement
If you instruct a solicitor, you will sign a funding agreement — usually a conditional fee agreement (CFA). This sets out the terms on which you are instructing the solicitor, including what costs you may pay if the claim succeeds or fails. Read the agreement carefully and ask questions before signing.
Step 6: Letter of Claim
Your solicitor will draft a Letter of Claim — a formal document that sets out:
- What happened and when.
- Who you believe was responsible and why.
- The nature of your injuries and initial losses.
- What you are claiming.
The letter is sent to the defendant (or their insurer) and triggers the pre-action protocol. The defendant then has a period to respond — usually 21 days to acknowledge and a further period (up to 3 months in some cases) to investigate and respond on liability.
Step 7: Investigating Liability
The defendant will investigate the accident and either admit or deny liability. If they admit liability, the focus moves to medical evidence and quantum (the value of the claim). If they deny liability, your solicitor will review the evidence and advise on next steps.
Step 8: Medical Evidence
An independent medical expert will examine you and produce a report on your injuries. This report:
- Describes the injuries and how they were caused.
- Gives a prognosis — how long recovery will take and whether there are permanent effects.
- May recommend further treatment.
The report forms the basis for valuing your claim. You will be asked to review the report for accuracy before it is finalised.
Step 9: Valuing the Claim
Using the medical report and financial evidence, your solicitor will calculate the value of your claim — general damages for the injury, and special damages for your financial losses. This is used in negotiations with the defendant.
Step 10: Negotiation and Settlement
In most cases, the claim is resolved through negotiation. The defendant will make offers; your solicitor will advise whether they represent fair value. You are not obliged to accept any offer — the decision is always yours. Your solicitor will give you advice on the pros and cons of any offer.
If a fair settlement is agreed, your claim concludes and compensation is paid. If an offer cannot be agreed, court proceedings may be issued.
Step 11: Court Proceedings (If Necessary)
If the claim cannot be resolved through negotiation, court proceedings may be issued. This does not mean you will necessarily go to trial — many cases settle during the court process. A trial is the last resort.
Your solicitor will guide you through each step and advise you throughout. Most personal injury claims do not reach trial.