Your questions about claiming answered
If you’re considering making a personal injury claim, it’s natural to have questions about compensation, time limits and the claims process. We aim to make everything as clear and straightforward as possible, so you know what to expect before you start.
Below, we’ve answered some of the most frequently asked questions about personal injury compensation to help you decide whether making a claim is right for you.
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Typically, if you've been injured in the last three years because of an accident or medical mistake that wasn't your fault, you may be able to make a compensation claim. We support a wide range of personal injury claims, with some of the most common being:
- Road traffic accidents (as a driver, passenger, cyclist, motorcyclist or pedestrian)
- Workplace accidents (as a carer, construction worker, factory, or office employee)
- Medical negligence
- Public accidents (such as a trip, slip or fall in a public place)
- Holiday accidents
- Injuries caused by defective products
If you're not sure if you've got grounds to claim, don't worry, our accident Helpline Advisors will review the details of your situation to see if you're eligible and help you understand the next steps. Find out if you can claim today.
Personal injuries can have a significant impact on your life, both in the short-term and the long-term. Every personal injury is different, ranging from whiplash or soft tissue damage, to more serious, life changing injuries. Personal injuries can affect any area of the body and below are some of the typical injuries we cover:
When you're making your claim, remember you won't just be assessed on what your injuries are, but also on how they've affected your life, including loss of earnings, change to lifestyle and any additional support you now require.
Starting your claim is simple. All you need to do is get in touch with us by contacting us online, calling 0800 376 0150 to speak with one of our friendly Helpline Advisors or requesting a free, no-obligation call back.
During that first conversation, we'll take a little time to understand what happened and how your injury has affected you. This allows us to assess whether you may be eligible to make a claim
If we believe you have a case and you decide you would like to go ahead, we'll connect you with a specialist solicitor from our trusted partner panel who is suited to your circumstances, often during the same call.
Your solicitor or legal team will explain everything clearly, answer any questions you may have and talk you through our no win, no fee agreement before officially starting your claim. You can still choose not to proceed at any time before the claim begins to progress. From that point on, they will guide you through each step of the process, so you always know what to expect.
You don't have to, that's the beauty of talking to us first! We'll evaluate your claim and give you all the options and information you need to make an informed decision.
Then if you decide to go ahead with your claim, we'll put you in touch with a law firm from our network of approved personal injury claims solicitors. We select that firm for you, based on the type of incident or accident you've experienced.
This makes sure that, from the beginning, you're talking to a personal injury claim lawyer with expertise in your circumstances and situation.
Start your claim online or call us free of charge on 0800 376 0150.
When you start a personal injury claim, you'll usually be asked to share some basic information about the accident and how it has affected you. This may include:
- When and where the incident happened.
- What caused the accident.
- Whether there were witnesses or evidence (for example, photographs or videos).
- The injuries you suffered.
- Any medical treatment you've received.
- Any financial losses (such as lost earnings or travel costs).
Don't worry if you don't have everything to hand, your legal team can help you gather any additional information needed as your claim progresses.
Once your claim has started, your solicitor firm will handle the legal work on your behalf. They will gather evidence, such as medical records and reports, and contact the other party to investigate what happened.
Our aim is to make the experience as straightforward and reassuring as possible, allowing you to focus on your recovery while we take care of the rest. We only work with panel law firms who are SRA registered and regularly assess them to ensure you receive the best customer experience possible.
No, there's usually no need to visit a solicitor's office in person. All of our partner solicitors and law firms work remotely, which means we can pair you with the best legal team for your case – no matter where in the UK you are.
Yes, it's highly likely you'll need to go to a medical appointment. An independent medical opinion is an important part of the evidence that your legal team will rely on when building your claim. Your solicitor or legal team will advise you based on the specifics of your claim.
A medical appointment will be booked for you to assess your injuries. In most cases, this will be with a medical professional local to you. It doesn't take long, usually no more than 30 minutes to an hour, but can vary based on your injury. After the appointment, the medical professional will write a report giving their opinion and then send it to your legal team. You'll be able to read the report, and your solicitor, or legal team, will ask you to check it for accuracy.
Please note that this appointment is not for receiving treatment recommendations and is purely for evidence in your claim. We strongly recommend visiting your GP or doctor if you feel like you need support with your injury and recovery.
Most cases are settled without the need to go to court. This means there is a very small chance a claim will require a court hearing.
If your case does go to court, your solicitor firm will be on hand to support and guide you through the process and will make sure you always know what to expect.
Legal aid was a method of covering the cost of going to court and getting a fair hearing. In 2000, legal aid was made unavailable for personal injury cases, and instead no win, no fee claims, also known as a Conditional Fee Agreement (CFA), were introduced.
Most people are eligible to claim on a no win, no fee basis which means that if your case isn't successful, you won't pay a penny providing you adhere to the terms of your agreement.
Find out more about legal aid and no win, no fee.
A no win, no fee agreement (or Conditional Fee Agreement) allows you to make a claim without paying any upfront legal costs. If your claim is successful, you'll pay an agreed percentage of your compensation towards your solicitor's fees. If it isn't successful, you won't pay a thing, so you're not left out of pocket.
The no win, no fee process is designed to be as low risk and straightforward as possible for those making a claim. Here's how it works:
- You'll pay no upfront costs to start your claim.
- If you're eligible, a no-upfront-cost insurance policy is put in place before your claim begins. This policy covers expenses such as court fees, legal costs and medical reports while your case is ongoing.
- You only pay if you win. If your claim is successful, your legal team's agreed fee and any costs that cannot be recovered from the other party are taken from your compensation.
These deductions are capped at 35% in total and the exact percentage will always be agreed with you by your legal team before you go ahead with your claim, so everything is crystal clear. In the rare situation where a case can't proceed on a no win, no fee basis, this will be explained to you clearly before you decide whether to continue.
The good news is that it's not you! All no win, no fee claims must have an appropriate legal protection insurance policy in place before they can go ahead. This policy will pay the other side's legal fees, costs, and expenses if your claim fails. You pay nothing, to anyone, if the claim doesn't succeed and you've adhered to the terms and conditions of your agreement.
No win, no free means that you only pay if your claim is successful and you've followed the terms of your agreement.
If your claim doesn't succeed, you won't pay a thing. If your claim is successful, you'll pay your solicitor firm's agreed fee from your compensation. We believe in transparency and guarantee to cap all fees at 35%.
If you'd like to find out whether you can make a no win, no fee claim, get in touch with our friendly Helpline Advisors. They'll listen to your situation, answer your questions clearly and guide you on the best next steps.
Yes, in some situations, you can make a claim on behalf of a loved one. If they're unable to manage the process themselves, you may be able to act as what's known as a litigation friend. This is different from simply supporting a loved one with their claim, such as doing paperwork or admin.
A litigation friend represents the affected person throughout the claims process. Taking on this role means you'll guide the claim through each stage, making decisions on their behalf and ensuring they're supported every step of the way. Below are the key situations where you can act on behalf of a loved one as a litigation friend:
Claiming for a child:
- Children under 18 cannot legally make a claim themselves.
- A parent or guardian acts as a 'litigation friend' to manage the claim.
- You can start a claim at any time before the child turns 18.
- If unresolved by 18, they must start court proceedings or settle the claim until their 21st birthday.
- Your lawyer will work closely with you to ensure your child's needs are fully represented.
Claiming for someone who lacks mental capacity:
- For someone unable to make decisions due to a lack of mental capacity, a family member or guardian can act as their litigation friend. Mental capacity will be assessed case-by-case.
- There's no time limit for making a claim unless they regain capacity, however briefly.
- If capacity is regained, the standard three-year time limit starts from that date and won't pause if they lose capacity again at any point.
- The claim must be settled, or court proceedings started, before the three-year deadline once capacity is regained.
- Your legal team will ensure compensation truly reflects their immediate and future needs.
Claiming on behalf of someone who has passed away:
- The claim will have to be brought by the Executor (where there is a will) or Administrator (where there is no will). They effectively become the client and are responsible for distributing the compensation to the beneficiaries under the will.
- You have three years from the date of their passing or from the date it was discovered that an accident or illness was the cause to make a claim.
- Within this period, the claim must either be resolved, or legal proceedings must have commenced.
It can be daunting to claim on behalf of someone else. But don't worry, we'll make sure both you and the person you're assisting are supported throughout the process, with clear guidance from your legal team at every stage.To find out more information please visit our claiming on behalf of someone else page.
If you're not well enough to manage a claim yourself, it may be possible for a loved one or someone you trust to act on your behalf as a litigation friend. However, this would be assessed on a case-by-case basis and usually only applies where you lack mental capacity, for example due to a serious mental health condition or brain injury.
You must participate in the claim wherever possible and will need to be present for key steps in the claim process, such as medical assessments.
In short, no. To make a no win, no fee personal injury claim, there has to be another person or organisation at fault. If the accident happened because it was solely your fault, then you would not be eligible to make a claim.
However, you may still make a claim if blame for the accident is shared. Liability is split if it's clear that's the case and both sides can agree to it. For example, in a personal injury claim worth £20,000, a split liability of 50/50 would mean your compensation award was £10,000.
If you've suffered an accident that wasn't your fault, you can get in touch with us to see if you have a case regardless of whether you have claimed with us in the past or not. Your personal injury advisor will assess your situation honestly and objectively.
Yes, we're able to help with holiday accident claims. Your hotel, the hotel staff and every company you encounter on your travels all have a duty of care to provide you with a safe service. However, depending on the accident and location, it's important to note that you may have a different amount of time to make your claim. Learn more about making a holiday accident claim and the factors that can affect the timescale.
If you work as a freelancer, contractor or are self-employed and you're injured while working on someone else's site or premises, the company that hired you still has a legal duty to keep you safe under UK health and safety law. This means they must provide a safe environment and proper training, just as they would for an employed worker. If they don't and you are hurt as a result, you may be able to make a compensation claim, even though you're self-employed. Find out more about your rights for claiming as a self-employed worker here.
Yes. If you've suffered an injury that was someone else's fault in a public place or a private setting, you could be entitled to make a claim even if you are unemployed. This can include accidents in your home, in a shop, or injuries caused by medical negligence. Learn more about your rights for claiming if you are unemployed.
Yes, if your GP has failed to uphold their duty of care to you and you have been harmed as a result, we can help you navigate making a claim for GP negligence.
A personal injury is a physical or psychological injury, illness or condition that has been caused by someone else's negligence. This could be the result of an accident or incident that could have been avoided if proper care had been taken.
A personal injury claim is the legal process of seeking compensation for an injury you, or a loved one, have suffered as a result of that negligence. Compensation could help cover the impact the injury has had on your health, finances and day-to-day life.
Read more about our work with personal injury claims.
Liability refers to who is legally responsible for an accident or injury. In a personal injury claim, this means establishing whether another person or organisation was at fault because they failed to take reasonable care.
If liability is accepted, the responsible party (usually through their insurer) may be required to pay compensation.
A duty of care is a legal and ethical responsibility to act safely and avoid causing harm to others. It means individuals or organisations must take reasonable steps to protect the health, safety, and well-being of those in their care, whether that's employees, clients or the public.
Medical negligence occurs when a healthcare professional or organisation provides care that falls below an acceptable standard and causes harm to a patient.
It can include things like medical misdiagnosis, where a wrongly identified condition or one missed entirely harms the patient. If someone fails to meet this standard and it results in injury or loss, they may be legally liable.
Find out more about making a medical negligence claim here.
Every case is different, which makes it hard for us to say how long your compensation claim might take.
In simpler cases, where fault is clear, undeniable and the evidence is provided with no delays, the claim may be settled quickly. If you've suffered a serious or life-changing injury, then your compensation claim may take longer because your legal team needs to understand the full impact of your injury and make sure your costs are covered.
Your legal team will stay in touch and keep you informed every step of the way, so that you always know what stage your claim is at.
The time it takes to reach a settlement in a successful personal injury claim can vary significantly. It depends on how complex your case is, the type, severity and circumstances of your injuries, plus the time it takes to gather all the necessary medical evidence. Put simply, we cannot settle your claim until we finalise your medical evidence.
The duration of an injury claim is also affected by things like whether the identity of the other side is known, if they admit liability, or if they challenge it in court. A clear-cut road traffic accident claim may be settled between 6 to 12 months, whereas a complicated medical negligence case may take up to three years or more.
In most cases in the UK, you have three years from the date of the accident or from when you first became aware of your injury to make a personal injury claim. This time limit is known as the limitation period. In this timeframe, you must either settle your claim or start court proceedings. There are some exceptions to the three-year limitation period, for example if you are claiming on behalf of someone else.
It's best to make a claim as soon as possible while your memory is fresh and evidence is recent and easier to gather. If you'd like to discuss your case, we recommend getting in touch with us on 0800 376 0150 so our Helpline Advisors can help you understand whether you can make a claim.
In some cases, the time frame in which you could make your claim could be longer or shorter. Exceptions to the three year limitation period include but are not limited to:
- Claims on behalf of children: You can claim at any point before the child's 18th birthday. After turning 18, they have until the age of 21 to settle the claim or start court proceedings.
- Mental capacity: There are no time limits for claims made on behalf of someone who cannot manage their own case. This is assessed on a case-by-case basis and refers to situations where a person cannot manage their own legal affairs. If the claimant regains capacity at any time after the accident, even briefly, the three year limitation period will begin from that date. The time limit will not pause if they lose capacity again, so court proceedings must be started or the claim completed within that three year period.
- Fatal claims: If you're making a claim on behalf of a loved one who has passed and you are the representative of their estate, you have three years from the date of their passing, or from the date it was discovered an accident or illness was the cause. Within this period, the claim must either be resolved, or legal proceedings must have commenced.
- Accidents on ships: After an accident on a cruise, ferry, or cargo ship, you typically have two years from the date you left the vessel or from the date of injury.
- International flights: For accidents on international flights, you have two years from your arrival at the final destination, including incidents after passport control.
- Domestic flights: You must claim within two years of the flight landing.
- Accidents or illnesses abroad: Time limits vary by country, so please contact us as soon as possible to get specific information. Please note that you must be a UK resident to make a claim.
If you're unsure if any of the above applies to your situation or would like advice on whether you can make a claim, get in touch with the team on 0800 376 0150 or by requesting a call back.
There are no upfront costs or hidden fees when you start your claim with us. Our advice is free and your legal team will work on a no win, no fee basis. This means that you won't pay a penny for your claim unless it is successful, provided you adhere to the terms and conditions of your agreement.
If your claim is successfully settled, you'll pay some legal costs to your legal team from your compensation. How these are calculated will be agreed between you and your legal team before you start your claim, so there will be no hidden fees.
Your compensation amount is negotiated between your legal team and the party responsible for your accident and will consider not just your injury, but how the accident has impacted your life. This means we're not able to let you know how much your final settlement figure might be when you initially contact us because the negotiations haven't started yet.
However, we understand how important it is for you to have an idea of how much compensation you may be able to claim. Because of this, we've created our industry-leading compensation calculator, which gives you a guideline figure of how much your claim might be worth based on your injury type.
When you make a personal injury claim, your compensation is designed to cover more than just the immediate effects of your injury. It takes into account both the impact on your everyday life and any financial losses you've experienced or will likely encounter as a result of your injury.
1. Compensation for your suffering and loss of amenity:
First, you can be compensated for the pain, discomfort, and emotional distress caused by your injury. This might include ongoing physical symptoms or the ways your injury has affected your lifestyle, such as not being able to enjoy hobbies or activities as you did before. The more severe and long-lasting the effects, the higher this part of the compensation is likely to be. This part of your compensation is known as 'General Damages'.
2. Compensation for financial losses:
Next, any out-of-pocket costs related to your injury can be claimed. This might include medical treatment, prescriptions, and travel expenses for doctors' appointments. If your injury has stopped you from working, any lost earnings can also be included, along with potential future earnings if you're unable to return to work or need ongoing support. If you need long-term care or adaptations to your home, those costs are projected and factored in too. These are referred to as 'Special Damages'.
Your legal team will work with you to gather all the necessary evidence, such as receipts and pay slips, to make sure every loss is considered. In short, compensation is about helping you recover financially and making sure the true impact of your injury is recognised.
The person or company responsible for paying your compensation depends on the type of claim you're making. Typically, no one person is responsible for paying any compensation and instead the claim is made against their insurance.
For example, in a road traffic accident injury claim, this will be their motor insurance company. For an injury at work, it will be employers' liability insurer used by the firm you work for. For accidents in a public place, it will be the public liability insurer of the council, business or landlord deemed legally responsible for your accident injury. This makes sure no-one is hit with an unaffordable bill.
Our advice is never to accept an early settlement offer from without taking legal advice. The amount may well be lower than you're entitled to.
The most common uses for compensation are to replace lost earnings, to cover the cost of rehabilitation and medication and to pay off debts and bills that might have built up during time off work. Your compensation amount will likely account for:
- Injury type and severity.
- Recovery time.
- Medical expenses and travel costs.
- Lost earnings from time off work.
- Any lifestyle changes that you have had to make as a result of your injuries.
- Ongoing care needs and any home adaptations you may need.
Use our compensation calculator to get an estimate of how much you could claim.
The final cost can vary depending on how complicated the claim is. However, if your claim succeeds, expect to pay your solicitor firm a success fee out of the compensation you receive. This will only be taken once your claim is complete, so you'll never be out of pocket. Also expect to pay the balance of any costs and expenses not recovered from the other side, plus the legal protection insurance premium (if you needed it). We cap all fees at 35% as a total.
We only partner with legal firms who will discuss all costs with you upfront before you decide whether to pursue your claim, so you'll know exactly what your claim could be worth and what you're likely to take home. With no win, no fee there will never be any hidden costs or nasty surprises.
Don't worry, there's no financial risk if things don't go as you hoped; no win, no fee means exactly that. Providing you've adhered to the terms and conditions of your agreement, if your case isn't successful, your legal team won't charge you a penny.
Before your claim begins, your solicitor, or legal team, will make sure the right legal protection insurance is in place. This policy is designed to cover the other side's legal fees, costs and expenses if your claim doesn't succeed.
Before you even start your claim, your legal team will explain clearly how their fees work if your claim is successful, so you know exactly what to expect. It's designed to keep things clear, simple and fair from the start.
Only extremely limited costs can be recovered. Unlike with other tracks (Fast, Intermediate & Multi track), the other side will not usually make any contribution to your legal costs.
This means your small claims legal team will deduct your costs if your claim succeeds. You will keep the majority of the compensation. If your claim doesn't succeed, you pay nothing as long as you follow the terms of your agreement.
We like to be open and honest. We only partner with solicitor firms who will discuss all costs with you upfront before you decide whether to pursue your claim, so you'll know exactly what your claim could be worth and what you're likely to take home.
It all depends on where the accident happened. For example:
- In a car accident: if the fault driver does not stop at the scene, we can claim through the Motor Insurers' Bureau if you have reported the incident to the police and comply with their rules.
- In public spaces: If you fell in a building with public access – say a library, car park or swimming pool - then responsibility would lie with the building's owners.
- Shops or restaurants If an accident happened in a shop, restaurant or similar then liability would be down to the business owner.
- Public streets: If you stumble and hurt yourself because of a damaged pavement or broken kerb, the accountable party will be the one responsible for maintaining public infrastructure, like the council or local authority.
- At work: An avoidable trip, slip or fall at work will be the fault of your employer breaching their duty of care for you.
You could still claim even if you don't have a witness to call upon. Our partner solicitor firms gather information from several different sources to file a genuine claim for compensation for your accident. If you're not sure if you can make a claim, we'd recommend calling us on 0800 376 0150 so we can talk through your options with you.
If there were no cameras in operation during the time of your accident, your solicitor, or legal team, will still investigate your case and gather evidence for you, such as vehicle damage, injuries sustained and eyewitness accounts.
You can still get in touch with us to see if you are eligible to make a claim. The police are not always interested in taking details of road traffic accidents and may advise you to just report it to your insurers. As a rule, they no longer take a proactive role unless it's a serious injury. However, if the other side drove off or refused to provide their name or insurance details then you should report the incident to the police as these are criminal offences and a failure to report it may invalidate your claim. Even if you haven't you may be able to make a claim so please get in touch with us.
You can still get in touch with us to see if you are eligible to make a claim. Many people don't seek medical help or advice straight away, but it can be an important aspect of your case. We would always recommend seeking medical attention as soon as possible to aid your recovery.
Accidents like slips and falls don't always require an accident form to be filled out, so you could still be eligible to make a claim. An accident form can help support a claim but is not essential and other evidence can be used. Speak to a Helpline Advisor today to discuss the details of your case to find out more.
We operate under our parent company, NAHL Group plc, which encompasses three divisions of professional legal services. Find out more about National Accident Helpline and the group.
We're one of the UK's largest and most trusted accident advice provider. We have over 32 years of experience working with people hurt by someone else's negligence to get the compensation they deserve. We understand that making a claim can feel daunting. Our Helpline Advisors have assisted over two million people through the process.
We have a nationwide network of specialist personal and road traffic accident injury solicitor firms. Plus, our no win, no fee service takes some of the financial risks out of claiming, so you won't pay unless your claim is successful. This arrangement includes a no-upfront-cost insurance policy to protect you from any costs during the claim process, as long as you meet the terms of the agreement, providing you with financial peace of mind.
Call us free on 0800 376 0150 to find out more.
No. National Accident Helpline is a brand that belongs to the personal injury legal practice National Accident Law. We're regulated by the Solicitors Regulation Authority (SRA), the independent professional ethics body that licenses all solicitors in England and Wales. Our SRA number is 655606.
Claims management companies (CMCs) are regulated by the Financial Conduct Authority (FCA).
We process personal injury claims as part of National Accident Law. We also work with a national network of specialist personal injury legal firms who we vet very carefully to provide you with the best possible customer experience.
With us, you're in safe and highly capable hands.
Our initial service is free to use, and you won't pay us anything directly for connecting you with the right personal injury solicitor firm. If you choose to go ahead with a claim, our panel law firms may pay us a marketing fee for referring your case.
Your legal team will then deduct legal fees and a success fee from your final compensation, capped at 35%. Our partner firms operate on a no win, no fee basis, helping to reduce the financial risk of starting a claim.