Last updated · By Mustafa Bilgic
Step 1 — Get medical attention (and a record)
See a doctor as soon as you can, even if the injury seems minor. There are two reasons. First, your health comes first. Second, the medical record is the foundation of the claim: it ties the injury to the accident and forms the basis on which compensation for the injury (general damages) is later valued. Gaps or delays in treatment are one of the most common reasons a claim’s value is reduced.
Step 2 — Gather evidence while it is fresh
Liability — proving the accident was someone else’s fault — wins or loses claims. Collect as much as you can, as early as you can:
- Photos of the scene, the hazard, vehicle damage and your injuries.
- Witness names and contact details.
- Official records — a police report for a road accident, an accident-book entry at work, or an incident report in a shop or public place.
- Dashcam or CCTV — request it quickly, as footage is often overwritten within days or weeks.
Step 3 — Keep a record of your losses
The financial side of a claim — special damages — must be proven, item by item. From day one, keep:
- Payslips and a letter from your employer for any lost earnings.
- Receipts and invoices for treatment, prescriptions, travel to appointments, care and equipment.
- A short diary of pain levels and the things you cannot do — powerful evidence for the “loss of amenity” part of the claim.
Step 4 — Check the time limit
Strict deadlines apply. In England & Wales the general limit is three years from the date of the accident, or from the date you first knew your injury was linked to it. Children have until their 21st birthday, and there are special rules for those who lack capacity. In the US, the statute of limitations is set by each state and commonly runs from one to six years. Missing the deadline almost always ends the claim, so check it early — see our claim time limits guide.
Step 5 — Get advice and start the claim
For small UK whiplash claims (valued under the relevant limit), you can use the government’s Official Injury Claim portal without a solicitor. For anything moderate or serious, a solicitor (UK) or personal-injury attorney (US) usually improves the outcome and is commonly engaged on a no-win-no-fee basis — in England & Wales the success fee is capped at 25% of your general damages and past losses. Your solicitor (or you) then formally notifies the at-fault party or their insurer, who must investigate and respond.
Not sure whether to instruct one? See do I need a solicitor to claim?
Step 6 — Valuation, negotiation and settlement
Once your medical prognosis is clear, the claim is valued: general damages from the injury brackets (the Judicial College Guidelines in the UK, or typical settlement ranges in the US) plus your proven special damages, set out in a schedule of loss. Most claims then settle by negotiation. Only a minority reach a court hearing. You can get an early indicative figure from our accident compensation calculator or, for the non-financial part of a US claim, the pain and suffering calculator.
How long does the whole process take?
A straightforward claim where liability is admitted can settle in a few months; a serious injury with a long-term prognosis, or a disputed-fault case, can take a year or more, because the claim should not usually be settled until the medical picture is stable. See how long a personal injury claim takes for the typical timeline.
How to claim — frequently asked questions
How do I start an injury compensation claim?
Get medical treatment, gather evidence of fault, keep records of your losses, check the time limit, then get advice from a solicitor or attorney (often no-win-no-fee) and notify the at-fault party or insurer. Small UK whiplash claims can start through the Official Injury Claim portal.
How long do I have to claim?
Generally three years from the accident in England & Wales (children until their 21st birthday). In the US the statute of limitations varies by state, commonly one to six years. Do not leave it late.
Do I need a solicitor?
Not always — small UK whiplash claims can be handled through the Official Injury Claim portal. For moderate or serious injuries, professional representation usually improves the outcome and is often no-win-no-fee.
How much could my claim be worth?
It depends on the injury, its severity and your losses. Use our free accident compensation calculator for an indicative range, then confirm with a regulated professional.