We explain how to make a personal injury claim
If you've been injured in an accident that was someone else's fault then you may have a right to compensation. We don't think it's fair to be left without support so we're here to help you make things right and help you secure the compensation you deserve.
We also think it's important to make claiming as simple and stress free as possible at what's often a challenging time - especially with added pressures of the pandemic.
At National Accident Law, we speak plain English - not legal jargon and we pride ourselves in the expert personal injury help we offer. Our attentive and compassionate customer service - plus an easy-to-use online account designed around you - makes tracking your claim really straightforward.
What do I do first?
What do I do first?
We understand that making a claim can feel a little daunting, that's why we've made things as easy as possible for you.
This page is a pretty thorough introduction about how to make a personal injury claim and answers many of the common questions we hear. You may want to talk things over with your family and friends as well. Then, when you feel ready, just call us on or arrange a call back and talk us through your experience. We're open seven days a week.
Our legal teams are great listeners. We think it's important that you can share what's happened in a compassionate environment, at your own pace and in your own way.
We'll let you know on your first call with us if we think you have grounds to make a claim. If you are, there's no pressure to do so, it's entirely your decision. Our job is to make sure you get the free, expert advice you need so you can make that decision confidently and in your own time.
Did you know?
The Compensation Recovery Unit is part of the Department for Work and Pensions. Their figures show that over 829,200 injury claims were registered nationwide during 2019/20.
What is a personal injury claim?
What is a personal injury claim?
It's a legal case you can bring if you've been hurt in an accident that was partially or wholly someone else's fault. It's the legal process of recovering compensation from the other party responsible for your injury and is part of UK law.
In a successful claim, the compensation is paid by the other side's insurance company. There are no upfront costs and you pay nothing if your claim doesn't succeed.
We do this for you using a no win no fee agreement. You also may also need special legal protection insurance which pays the costs if your claim were to fail and ensures claiming is risk free. We can talk you through the details when you contact us.
Usually, you can make a claim if you or a loved one has been hurt under the following circumstances:
- It happened within the last three years.
- You suffered physically and possibly financially too.
- The injury was clearly caused entirely by someone else or only partially by you.
Nobody expects to be hurt unexpectedly and it can be a real shock to the system, especially if you find yourself unable to work as a result. We're a law firm expert in personal injury claims so if you've been hurt and you feel it was someone else's fault, contact us today to see how we can help make things right.
Call us on or request a call back and we'll get in touch. We're open 7 days a week.
Do I qualify to make a claim?
Do I qualify to make a claim?
We sometimes hear from people who've been hurt in an accident but who initially dismissed it as ‘just one of those things'.
We also talk with people who've been hurt and aren't aware that their injury is more serious than they originally thought.
- You may have taken time off work to recover and lost income as a result.
- You may still be seeing your GP or receiving medical treatment for an accident injury.
If that accident happened less than three years ago, then get in touch with us free on . You can also start your claim online today with our claim online tool.
We'll let you know if we think you've got grounds for making a personal injury claim. If you are eligible, it's your decision if you'd like to proceed.
What happens when you make a claim?
What happens when you make a claim?
If you're wondering how to file an accident claim, we take care of everything for you, from start to finish. We'll also keep you updated about what's happening so you never feel in the dark. All you need to do is follow our advice and send us the evidence and information we need, when we need it.
Stage 1: assessment
When you talk with our legal team, they'll listen carefully to what's happened to you and then let you know if you could be eligible to make a claim. If you are, we'll explain your options clearly and without fuss. If you decide you want to make a claim, then we'll start working for you. We can usually do this for you on the same call.
Stage 2: consultation
We'll investigate the facts with you, judge how the accident has affected you and then decide what to do next. This means things like asking you to share specific evidence to support your claim, such as medical records, photographs and any witnesses who might be able to back up your claim.
Stage 3: submission
When we've got all the details, we'll submit your claim to the other side's insurance company through the Ministry of Justice's claim portal (MOJ). Submission notifies the other side why you think they caused your accident injury.
Stage 4: negotiation
Depending on how the other side responds, we'll then take your claim through a set of legal processes set by the Ministry of Justice. The other side may accept liability or deny it and if they deny responsibility, your claim will be more complex and may take longer.
As you'd expect, we handle all negotiations with the other side on your behalf. If they and us can't agree, we may then request the claim goes to a hearing in front of a Judge. In reality, this rarely happens. We settle the vast majority of claims out-of-court by talking things through to a fair conclusion.
Stage 5: finalisation
After all these processes have run their legal course, your claim settles. This will either be through negotiation or very occasionally in court. If your claim succeeds, the other side's insurance company will pay your compensation and this usually comes through in a month to six weeks or so.
We'll be paid then - and only then - from your compensation when we receive it on your behalf.
Most people have little contact with the law and lawyers outside of perhaps arranging family, property or business matters. How to make a personal injury claim can feel a little daunting, especially when you're recovering from the shock of injury. You expect good service in all other walks of life - the law should be no different. That's why we've focused on simplifying the claims process and making it compassionate, smooth, responsive and hassle-free
James Ilic
Senior Litigator, National Accident LawHow do I pay for making an injury claim?
How do I pay for making an injury claim?
You do this with a no win no fee, also known as a conditional fee agreement. It's the contract between you and us, your personal injury law firm.
No win no fee means if you don't win your claim, you pay nothing to anyone. If you win your claim, we'll typically make the following deductions from the compensation you're awarded:
- A ‘success fee' for winning the claim.
- The law requires the other side to make a contribution towards your legal costs and expenses, but we may deduct any shortfall from your compensation.
- The cost of the premium for any legal protection insurance you may have needed to ensure your claim is risk-free.
We'll only make the deductions above when the other side pays your compensation. There are no upfront costs and no hidden charges.
At the start, we may need to take out a special legal protection insurance policy for you. This pays the costs if your claim fails and ensures claiming is risk-free. Insurance must always be in place just in case that happens.
We'll take out this policy for you if you don't have an existing legal protection policy that has appropriate cover. Legal protection insurance sometimes comes with home or motor insurance or as a credit card benefit. It's a simple thing to check by asking you to provide details of any policies you might have when we start work on your claim.
No win no fee arrangements take all the risk out of making an accident claim and mean you get fair access to the justice you deserve with no up-front costs.
Making a compensation claim on no win no fee terms with National Accident Law means:
- We agree to handle your claim.
- We make sure appropriate legal protection insurance is in place. This means you pay nothing to pay if the claim fails.
- We believe your claim always has good chances of success - that's 50% or higher.
All you need to do is follow the terms of the insurance at all times and share the information we need from you, when we need it.
Sometimes no win no fee terms aren't possible but this is really rare in our experience. But if that is the case, we'll let you know immediately and talk you through your options.
We'll explain all the payment terms in detail at the beginning so you know exactly what to expect.
What happens if I lose my personal injury claim?
What happens if I lose my personal injury claim?
As long as your injury claim is honest, you've followed our legal instructions and the terms of any legal protection insurance needed, then you pay nothing to anyone if your claim fails. It's as simple as that: following the rules ensures claiming is risk-free if you lose
Are personal injury claims taxable?
Are personal injury claims taxable?
It's a common question we hear. Happily, personal injury compensation is not classed as any type of earnings or income and so is entirely and rightly tax-exempt. You won't get an unexpected bill from HMRC.
What are damages?
What are damages?
Damages is the other name for compensation. There are two types we assess when building and valuing your claim.
- General damages: covers the pain and suffering of your injuries and what's called ‘loss of amenity' - in other words, the impact the accident injury has had on your day-to-day life.
- Special damages: these compensate you for any financial expenses or losses you suffered as a direct result of the accident that are quantifiable at date of trial - such as loss of earnings.
The amount you could be paid in a successful claim depends on your injury, how severe it was and its cumulative effect on your life. We carefully investigate what's happened to you so that you get the compensation you deserve.
Special damages include:
- Any lost income from recovery time off work.
- Any impact on your actual ability to work.
- Care you've had, even that given by family and friends.
- Any changes you've had to make to your car or home.
- Any medical treatment costs, travel or accommodation expenses.
- Any physio or rehabilitation courses that a medical professional has prescribed you.
- Any additional daily financial expenses you have incurred as a direct result.
As you can see, we're really thorough about calculating your compensation. We'll be able to give you a valuation bracket for your claim after we've valued it.
What types of accident injury claims can you help me with?
What types of accident injury claims can you help me with?
Personal injury can arise out of many different kinds of accidents. These are the commonest types of personal injury claims we handle.
Road traffic accidents
Naturally, you claim for damage to your vehicle on the motor insurance policy of the party who caused the accident.
However, motor insurance doesn't cover the costs of physical injury. These often include lost income, treatment costs or the pain and suffering caused. A common example is when making a whiplash claim.
It doesn't matter if you were the driver, a passenger, pedestrian, cyclist or other type of road user. If you were injured and it wasn't your fault, then it's likely we can help you claim. Find out more about how to file a claim after a car accident in our road traffic accidents section.
Accidents at work
Your employer is legally obliged to keep you safe at work in all reasonable ways possible. They also have a duty of care to train you sufficiently and make sure you have the personal protection equipment (PPE) you need to do your job.
Being hurt at work can be really stressful. You may be feeling anxious about your job and concerned about your income. It's natural that you may also be feeling reluctant to make a claim against your employer.
Health and safety at work legislation protects your health and our employment laws protect your rights against constructive or unfair dismissal if you make a claim against your employer. If you'd like to find out more about how to claim compensation or how to claim for an accident at work, then call us free on .
Slips, trips and falls
These types of accidents are common and can result in simple sprain and bruise injuries to serious ones like head and brain trauma, broken bones and spinal injuries.
They happen every day - in supermarkets, shops and on the street. The organisations responsible for keeping the area in good repair will be the business owner, landlord or the local council. They all have a duty to maintain the area properly and if they haven't, then your accident injury will legally be their fault.
Find out more about how to make a personal injury claim in our accidents in public section.
Fatal or catastrophic injury
At their worst, it's a sad fact that all of the above types of injury can end in tragedy. It's an overwhelming situation that nothing can fix. At such a tough time, we may be able to help and can talk you through how to make a personal injury claim on behalf of a loved one. Compensation can help with the critical financial support families need to begin recovery.
When you're feeling ready to talk, call us on or you can arrange a call back for a time that suits you. We have an exceptionally compassionate ear and you can rest assured we'll do our best to help.
Making a claim with National Accident Law
We try to make the process as clear as possible so you have the time and space to get things back to how they were.
When we begin work on your compensation claim, we'll register you for our free online claims system called MyAccount. We do so many things digitally now, it makes sense to include claiming compensation in that too.
It's a really simple system we designed around the needs of our customers. It enables you to submit evidence and information to us quickly and easily - even from your smartphone. It also means we can keep you up-to-date with the latest developments with your claim and even arrange the medical assessment you'll likely need.
Our legal team will take care of everything else. This includes:
- Contacting the other party to notify them of your claim.
- Negotiating on your behalf to get you the compensation you deserve.
We know how frustrating it can be when a company you engage goes quiet and it feels like no-one's talking to you. Service is really important to us, so you'll never feel in the dark or wonder what's going on.
We'll always keep you updated and MyAccount makes staying in touch as easy as a mouse click or touch on a device screen. That said, we still know how to use the phone and we work via email as well!
How many personal injury claims go to court?
How many personal injury claims go to court?
Very few in fact. The vast majority of personal injury cases are settled without the need for a court hearing. If your claim needs a hearing, we'll explain everything well in advance and be there on the day to give you all the support you need.
How long after an accident can you make a claim?
How long after an accident can you make a claim?
You usually have three years from the date of the accident and injury. There's a legal process we need to follow so if you're close to that three-year deadline, call us soon as you can on .
There are some exceptions to the limitations. These are:
- If the claimant has suffered a serious brain injury which impaired their mental capacity, there's usually no time limit for claiming.
- A parent, or legal guardian can make a claim for a child at any time until they reach 18 years old. This is called being a ‘litigation friend'. If no claim has been made up to that point, that child then has three years until their 21st birthday to make a claim.
When you contact us, we'll check the details and explain any time limit provisions that may apply in your case.
How long does a personal injury claim take?
How long does a personal injury claim take?
This can vary so there's no easy way to say. If the other side accepts liability in an open and shut case, it'll usually settle quicker than if they deny liability and a court hearing is needed.
Simple claims where the facts and evidence are clear typically conclude faster than those which are really complex - for instance with medical negligence or a road accident involving multiple vehicles and injuries, or where the injuries are more serious or complex.
We'll be able to give you a rough idea when we've investigated your claim and know whether or not the other side has accepted or denied liability.
Who pays the compensation in a claim?
Who pays the compensation in a claim?
People are sometimes worried if they make a claim against their employer for instance - or someone they know - then it will leave them out-of-pocket or with a bill they can't pay. Rest easy - that's not the case.
It's the other side's insurance company that always pays the compensation in a successful claim. Employers are legally obliged to have employer's liability insurance to cover. Others are legally obliged to have insurance in place to cover claims against them - like vehicle drivers, businesses, landlords or councils.
Helpful tips for making a claim
Strong evidence is really important when you make a personal injury claim. And with our MyAccount service, you'll be able to help us build your claim quickly and easily. Here are some useful tips for pulling together the sort of information we typically need.
Collect as much evidence as you can
Good detail and accurate information is vital. We'll ask you for the following information when we start building your claim:
- Names and contact details of all involved - including witnesses if there were any
- The licence plate numbers of vehicles involved in the accident if it was a road accident
- The type of accident and the type of injury you suffered. For instance, a road accident involving a whiplash or a fractured limb
- The date, time and accident details (especially if it occurred at work)
- The names and location for the medical staff who treated you in hospital or at your local GP surgery
- The times and dates of any subsequent medical trips
- Any financial expenses and receipts you (or members of your family) incurred as a direct result of injury
Keep accurate records
People recover from injuries at different rates. It's really helpful if you or a family member takes pictures of your injuries as they heal. Get close-ups too. Smartphone camera quality is fine (and you can upload them straight into MyAccount).
- Keep a daily diary about your recovery - the speed and way you get better is really important
- Do take statements from witnesses if you can so that we can then organise a formal statement
- Those close to you are particularly important when you make a claim if they've helped care for you. We'll assess what they've done as part of the financial valuation
Be organised
As your claim progresses, we'll ask you for the relevant accident dates and times. Note the key dates, times, places and people as soon as you can and while they're fresh in your memory. You'll be able to get the details to us quickly when we need them.
Any additional documents or letters about your accident injury will usually help add useful extra detail so keep any relevant paperwork somewhere safe.
Frequently asked questions...
If you have been unfortunate enough to endure another personal injury, you could be eligible to make a new claim for compensation for your new injury. However, you cannot claim for the same injury twice.
Always carried out by an independent medical professional, our assessment focuses on the physical and (any) psychological damage caused by the injury.
While you won't be able to choose who examines you, you will be able to choose a location for the examination that's most convenient for you.
In cases where the injured person was under 18 years of age when the accident or incident occurred, the three-year period expires on their 21st birthday.
If you don't issue your claim within those time limits, you won't usually be able to proceed. This is called being 'time-barred'. Extensions to the time limits are only available in exceptional circumstances and we can talk you though these if they're relevant to your claim.
Call us today
If you've been injured in an accident that's not your fault and are wondering how to make a claim, then contact us free on . Our expert legal team will be able to let you know if you have grounds for a claim and give you the legal advice you need to decide what to do next. You can also start your claim online with our claim online tool.
Login to MyAccount and see what's happening with your claim.