Personal Injury — Frequently Asked Questions

In England and Wales, you generally have three years from the date of the accident, or from the date you became aware that your injury was linked to someone else's negligence, to start a claim. Different rules apply for children, where the three-year period begins on their 18th birthday, and for people who lack mental capacity, where no time limit may run. Claims involving accidents abroad or against certain bodies can have shorter limits, so it is best to seek advice promptly.

A 'no win, no fee' agreement, properly called a Conditional Fee Agreement, means you do not pay your solicitor's fees if your claim is unsuccessful. If your claim succeeds, a success fee may be deducted from your compensation, which is capped by law at 25% of certain heads of damages in most personal injury cases. We will always explain the funding options and any deductions clearly before you proceed.

Compensation is assessed individually and depends on the severity of your injury, its impact on your life, and your financial losses. It is usually divided into general damages, for pain, suffering and loss of amenity, and special damages, for financial losses such as lost earnings, care, treatment and travel. We cannot guarantee a figure, but we will give you a realistic assessment once we understand your circumstances and have medical evidence.

The majority of personal injury claims are settled by negotiation without the need for a court hearing. Court proceedings are sometimes issued to protect a time limit or to apply pressure, but most cases still settle before trial. If your case does proceed to a hearing, we will prepare you thoroughly and support you throughout.

Helpful evidence includes details of how the accident happened, the names and contact details of any witnesses, photographs of the scene and your injuries, records of your medical treatment, and evidence of your financial losses such as payslips and receipts. An independent medical report is usually obtained to confirm your injuries and prognosis. We will guide you on gathering and preserving the right evidence.

The timescale varies considerably. Straightforward claims where liability is admitted may resolve within several months, while more serious or disputed cases can take a year or more, particularly where your long-term prognosis is still uncertain. We aim to progress your claim as efficiently as possible while ensuring you do not settle before the full extent of your injuries is clear.

You may still be able to claim even if you were partly responsible. This is known as contributory negligence. In such cases, your compensation may be reduced to reflect your share of the responsibility. For example, if you are found 25% to blame, your award would typically be reduced by 25%. We can advise on how this might affect your particular claim.