Personal Injury Claims Process — What to Expect

Overview of the Process

The personal injury claims process in England and Wales is governed by the Civil Procedure Rules and a series of pre-action protocols that set out the steps parties must take before issuing court proceedings. The process is designed to encourage early settlement and avoid unnecessary litigation.

Stage 1: Initial Enquiry and Instruction

The process begins when you contact a solicitor for an initial enquiry. The solicitor will assess whether you appear to have a valid claim, advise on funding (including no win, no fee), and — if you decide to proceed — formally instruct them.

You will sign a client care letter and funding agreement. The solicitor will also conduct conflict and ID checks as required by law.

Stage 2: Letter of Claim

Your solicitor drafts and sends a Letter of Claim to the defendant or their insurer. This formal letter sets out the basis of your claim and triggers the pre-action protocol timetable:

• The defendant has 21 days to acknowledge the letter.
• The defendant has a further period — typically three months — to investigate and respond on liability.
• Where claims fall within the Official Injury Claim portal (lower-value RTA claims), a slightly different process applies.

Stage 3: Liability Investigation

The defendant investigates the accident and either admits or denies liability. If liability is admitted, the parties move to evidence and valuation. If liability is disputed, your solicitor reviews the evidence and advises on how to respond — which may involve obtaining further evidence or issuing proceedings.

Stage 4: Medical Evidence

An independent medical expert — a consultant in the relevant specialty — examines you and produces a report. This report is used to establish:

• The injuries you suffered and their cause.
• The prognosis — how long recovery will take and whether there are permanent effects.
• Treatment recommendations.
• In serious cases, whether further specialist expert evidence is needed.

You will review the draft report and have the opportunity to correct any factual errors before it is disclosed.

Stage 5: Valuation

Using the medical report and your financial records, your solicitor calculates the value of your claim — both general damages (for the injury) and special damages (for financial losses). A Schedule of Loss sets out all the heads of damage.

Stage 6: Negotiation and Settlement

The defendant (usually through their insurer) will make offers of settlement. Your solicitor advises whether these are fair. You are never obliged to accept any offer — the final decision is always yours.

Most claims settle through Part 36 offers and negotiations without the need for a trial. Parties may use mediation or joint settlement meetings to reach agreement.

Stage 7: Court Proceedings (If Necessary)

If settlement cannot be reached, court proceedings are issued. The case is allocated to a court track depending on its value and complexity:

• Small claims track: Claims up to £1,500 (personal injury) or £10,000 (other claims). Solicitors' costs are usually not recoverable.
• Fast track: Claims between £1,500 and £25,000. A one-day trial.
• Multi-track: Claims over £25,000 or complex cases. Longer trials with more complex procedural steps.

Issuing proceedings does not mean the case will go to a full trial. Most cases settle during the court process.

Stage 8: Settlement or Judgment

If the case is settled at any point, you receive compensation and the claim concludes. If it proceeds to trial, the judge makes a decision on both liability and quantum. Either way, once the claim is resolved, you receive your compensation, less any agreed deductions.