Last updated · By Mustafa Bilgic · Reviewed against the Judicial College Guidelines and the Official Injury Claim process
Step 1 — Accident, medical care & first evidence
Your health comes first: get treatment and make sure the injury is recorded by a medical professional, because that record becomes the backbone of your claim. At the scene, gather what you can — photographs, an accident-book entry or incident report, and witness details. For road and work accidents the early steps matter most; see the road traffic accident claim process and work accident guides.
Step 2 — Check the deadline and who is liable
Every claim has a time limit. In England & Wales it is usually three years from the accident; in the US it varies by state and can be much shorter against a public body. See personal injury claim time limits. You also need to identify who was legally responsible — the other driver, an employer, a council, or an occupier. Read claiming against your employer and claiming against the council.
Step 3 — Funding: no win no fee & do you need a lawyer
Most claimants never pay up front. In the UK, claims commonly run on a no win no fee agreement; in the US, injury attorneys usually work on contingency. Whether you need representation depends on the size and complexity of the claim — see do I need a solicitor to claim? and, for crashes, do I need a lawyer for a car accident?
Step 4 — Medical evidence & documenting losses
The value of your claim is proved with evidence, not assertion. A medico-legal report sets out your diagnosis and prognosis (medical evidence for a claim), while payslips, receipts and a care diary turn your losses into recoverable special damages — including lost earnings, future loss of earnings and care and assistance.
Step 5 — Valuing the claim
Your claim value is the injury (general damages, from the published brackets) plus your financial losses. Estimate it with the calculator for your injury and read how much is my injury claim worth? and factors that affect compensation. Being partly at fault reduces the figure — see contributory negligence.
Step 6 — Negotiation & the first offer
The other side's insurer is notified and, where liability is admitted, offers usually follow. Treat the first one as an opening position: insurers often open low. Compare any offer with your bracket value before responding — read should I accept the first offer? In longer claims you may receive interim payments before final settlement.
Step 7 — Settlement or court & how long it takes
The large majority of claims settle by agreement. Court is a last resort when liability or value is genuinely disputed — see settlement vs going to court. Timescales depend mostly on your recovery: see how long does a personal injury claim take?
Tools & guides for each step
Frequently asked questions
How long does a personal injury claim take?
A straightforward claim where liability is admitted can settle in a few months; one with disputed fault, serious injury or an uncertain prognosis can take one to three years or more. The biggest single factor is your medical recovery — a claim should not normally settle until your prognosis is clear.
Do I need a solicitor to make a claim?
Not legally, but most people use one because injury law, evidence and negotiation are complex. In the UK many claims run on no win no fee, and in the US most injury attorneys work on contingency, so you usually pay nothing up front. For very small, clearly-liable claims some people deal direct.
What is the time limit to start a claim?
In England and Wales it is usually three years from the date of the accident. In the US it varies by state, commonly one to three years, with shorter notice deadlines for claims against public bodies. Missing the deadline normally ends the claim, so check early.
Will my claim go to court?
Usually not. The large majority of personal injury claims settle by negotiation without a hearing. Court is a last resort reserved for cases where liability or the value of the claim is genuinely disputed and cannot be agreed.