Most people only make one personal injury claim in their lifetime. So it makes sense that the process feels foreign - there's a lot of terminology, a lot of waiting, and not a lot of clarity about what actually happens when. This guide is the full picture: how a UK personal injury claim runs from the first conversation through to settlement, which of the three main routes your claim is likely to take, what's expected of you at each stage, and how long the whole thing takes.
Most people only make one personal injury claim in their lifetime. So it makes sense that the process feels foreign - there's a lot of terminology, a lot of waiting, and not a lot of clarity about what actually happens when. This guide is the full picture: how a UK personal injury claim runs from the first conversation through to settlement, which of the three main routes your claim is likely to take, what's expected of you at each stage, and how long the whole thing takes.
The headline numbers: around 95% of claims settle before any court hearing, the typical moderate claim settles in 9-18 months, and you don't pay anything unless the claim wins.
The three routes - which one is your claim in?
UK personal injury claims run through one of three main routes depending on the type of claim and its value:
Route 1: The Official Injury Claim (OIC) portal - for tariff whiplash
For adult drivers and passengers of motor vehicles, whose primary injury is whiplash lasting under 24 months, where the total injury value is under £5,000 and the total claim (injury + vehicle damage) is under £10,000. Handled online through the Official Injury Claim portal set up under the Civil Liability Act 2018. Compensation is set by fixed tariff under the Whiplash Injury Regulations 2021 (as amended 2025). See whiplash claims.
Route 2: The Low-Value EL/PL Portal
For employers' liability and public liability claims between £1,000 and £25,000, where liability is likely to be admitted. Handled through a specific online portal with fixed-costs rules. Most moderate work accident and public liability claims run through this portal. See work accident claims and public liability claims.
Route 3: The Standard Pre-Action Protocol (PAP)
For everything else - claims over £25,000, claims outside the portals (pedestrians, cyclists, motorcyclists, children), clinical negligence claims, industrial disease claims. Governed by the Ministry of Justice's Pre-Action Protocol for Personal Injury Claims (and specialty-specific protocols for clinical negligence and disease claims).
Most people don't need to know the route terminology - your solicitor determines it in the first conversation. But the route affects the timeline, the costs recoverable, and how the claim is handled.
The standard claim - step by step
Step 1: Free eligibility call (Day 0)
You tell a specialist solicitor what happened. They check three things: (a) is there a realistic claim, (b) who is the likely defendant, and (c) when is the time limit? If there's a claim worth running, they explain the funding (no win, no fee), the route, and the likely value range. You sign the Conditional Fee Agreement. Nothing more is asked of you at this point.
Step 2: Evidence-gathering (Day 0-Week 6)
Your solicitor starts building the file: police report (for RTAs), accident book entry (for work accidents), CCTV preservation requests, witness details, photographs, Strava / dashcam / helmet-cam footage, DVLA or insurance details, the defendant's insurer contact. For industrial disease or clinical negligence cases, medical records are requested. You'll be asked for supporting documents - payslips, medical appointment letters, receipts.
Step 3: Letter of Claim (Week 6-12)
The formal start of the claim against the defendant. The Letter of Claim sets out:
- The circumstances of the accident.
Under the Pre-Action Protocol, the defendant's insurer has 21 days to acknowledge receipt, and three months from that acknowledgment to provide a full, reasoned response on liability. For OIC portal claims, the timeline is tighter: a 30-business-day response window.
Step 4: Liability response (around Month 4-6)
The defendant's insurer either:
- Admits liability in full - the claim moves to quantum (valuation).
Most non-contested claims (rear-end RTAs, clear-fault work accidents, never-event clinical negligence) receive an early admission. Contested claims take longer.
Step 5: Medical evidence (around Month 4-9)
An independent medical expert - an orthopaedic surgeon, psychiatrist, neurologist, or specialist appropriate to your injury - examines you and produces a medico-legal report. Key points:
- For OIC whiplash claims, the expert is selected at random through the MedCo system.
See our medical assessment explained guide for detail on what to expect from the examination itself.
Step 6: Quantum (valuation) (Month 6-12 for moderate claims)
Your solicitor puts together the value of the claim. Two heads:
- General damages - for the injury itself, valued against the Judicial College Guidelines 17th edition (April 2024). See how much compensation.
A detailed Schedule of Loss is prepared. For more background on the two heads, see general vs special damages.
Step 7: Negotiation (Month 9-15 for moderate claims)
Your solicitor and the defendant's insurer negotiate on the Schedule of Loss. Offers are exchanged in writing. You are consulted on every offer - the decision to accept or reject is yours, though your solicitor will advise on whether the offer is reasonable. Most moderate personal injury claims settle at this stage.
Step 8: Settlement (around Month 9-18 for moderate claims)
If an offer is accepted, a settlement deed is signed, costs are agreed between the solicitors, and the net compensation is paid to you. The payment arrives typically within 14-28 days of the settlement deed being signed. A written deductions breakdown - success fee, ATE premium (if any), unrecovered disbursements - is provided before settlement is banked.
Step 9 (only if needed): Proceedings, allocation and trial
If a fair settlement can't be negotiated, your solicitor issues court proceedings. The claim is then allocated to one of four tracks under Part 26 of the Civil Procedure Rules:
- Small Claims Track - claims under £10,000 (or under £1,500 for RTA personal injury).
Even after proceedings are issued, most claims still settle before trial - often at a mediation or a Joint Settlement Meeting. Trials themselves are a small minority. Where a trial happens, your involvement is usually limited to giving evidence on one day.
Typical timelines by claim type
- OIC portal whiplash claim (admitted liability): 4-8 months.
Interim payments - for serious cases
Where liability has been admitted (or is overwhelmingly clear) in a serious injury case, interim payments can be made on account of the eventual settlement. These fund private treatment, rehab, home adaptations, lost income and care before the final settlement - which can be years away. Interim payments are routinely obtained in mesothelioma, catastrophic-injury and birth-injury cases. See interim payments for detail.
What's expected of you during the claim
A common worry is that the claim will take over your life. For most claims, it won't. What you're asked to do:
- Provide supporting documents (payslips, receipts, medical appointment letters) when requested - usually by email.
For most clients, total hours of direct involvement over the life of the claim is measured in tens, not hundreds.
What your solicitor does
- All correspondence with the defendant and insurer.
Funding - no win, no fee
Every Casibus-referred claim is on a Conditional Fee Agreement. No upfront fees. No hourly bills. If the claim wins, the success fee is capped at 25% of general damages and past losses. If it fails, you pay nothing (subject to the CFA and ATE insurance terms). Full explanation in no win no fee explained.
