Short answer
You can usually claim personal injury compensation in England and Wales if someone else's negligence caused your injury. You normally have three years from the injury, or from when you first knew about it, to start court proceedings. Compensation covers the injury itself plus financial losses such as lost earnings.
Am I entitled to compensation for an injury?
Compensation is not automatic. To succeed you generally need to show three things:
- the other person or organisation owed you a duty of care (drivers, employers and occupiers of premises all do)
- they breached that duty, for example by driving carelessly or failing to deal with a known hazard
- the breach caused your injury and losses
If you were partly to blame, for example by not wearing a seatbelt, your compensation can be reduced for contributory negligence under the Law Reform (Contributory Negligence) Act 1945. An accident that was nobody's fault usually gives no claim.
What is the personal injury claim time limit?
Under section 11 of the Limitation Act 1980 you normally have three years to issue court proceedings. The clock starts from the date of the accident or, if later, your "date of knowledge": when you first knew the injury was significant and could be linked to someone's act or omission.
Different rules apply in some cases. For a child, the three years only start at their 18th birthday. If a person lacks mental capacity to manage a claim, time does not run while that lasts. The court has a discretion to allow a late claim under section 33, but you should never rely on it. Settling a claim does not need court proceedings, but issuing them before the deadline protects your position.
How much compensation can you get for an injury?
Compensation (called damages) has two main parts:
- General damages for pain, suffering and loss of amenity. Courts value these using the Judicial College Guidelines and past cases, based on the type and severity of injury and how long recovery takes.
- Special damages for financial losses, such as lost earnings, travel, medical and care costs, and damaged property. Keep receipts and records.
In serious cases compensation can also cover future loss of earnings and future care.
A basic calculation is generally:
Future annual loss × appropriate Ogden multiplier = estimated future lump-sum loss
The actual calculation can be more complex where there are factors such as residual earning capacity, contingencies, different periods of loss, tax, inflation or future care requirements. The Ogden Tables are designed to assist with these calculations rather than providing a simple one-size-fits-all formula.
The Ogden Tables provide actuarial multipliers used to calculate future financial losses, taking account of factors such as the claimant's age, the period over which the loss is expected to continue, mortality and the applicable discount rate. The current 8th edition includes multipliers at +0.5%, the Personal Injury Discount Rate currently applicable in England and Wales.
Any award is intended to put you back, as far as money can, in the position you would have been in, not to punish the other side. Some state benefits you received because of the injury may be repaid to the government out of your compensation.
Libra can be used for these calculations, including working through the relevant Judicial College Guidelines figures and Ogden Table calculations, so that potential compensation can be estimated more systematically. Try Libra now or register here.
How does a whiplash claim work?
For road traffic accidents, drivers and passengers (aged 18 or over) with whiplash injuries lasting up to two years get a fixed tariff award set by the Whiplash Injury Regulations 2021. For accidents on or after 31 May 2025 the tariff is:
- up to 3 months: £275 (£300 with minor psychological injury)
- 3 to 6 months: £565 (£595)
- 6 to 9 months: £965 (£1,025)
- 9 to 12 months: £1,510 (£1,595)
- 12 to 15 months: £2,335 (£2,435)
- 15 to 18 months: £3,445 (£3,550)
- 18 to 24 months: £4,830 (£4,975)
Where your injury damages are worth £5,000 or less (and the total claim £10,000 or less), road traffic claims for accidents since 31 May 2021 go through the government's free Official Injury Claim service, which you can use without a lawyer. Pedestrians, cyclists and motorcyclists are excluded from the tariff and this route.
Can you claim for an accident at work or a slip and fall?
Employers must take reasonable care for your safety and comply with health and safety law, and most must have employer's liability insurance. That insurance pays compensation, not your employer directly. Your employer cannot lawfully dismiss or penalise you for bringing a genuine claim.
For slips, trips and falls in shops, offices and other premises, the Occupiers' Liability Act 1957 requires occupiers to take reasonable care to keep visitors reasonably safe. For falls on public pavements and roads, the highway authority (usually the council) is responsible for maintenance, but it has a defence if it can show it took reasonable care, for example through regular inspections. Photographs of the hazard, measurements and witness details made at the time are often decisive.
What is the personal injury claim process?
Most claims settle without a court hearing. The typical stages under the Pre-Action Protocol for Personal Injury Claims are:
- You (or your representative) send a letter of claim to the person responsible or their insurer.
- The defendant must acknowledge it within 21 days and has up to three months to investigate and say whether liability is admitted.
- Medical evidence is obtained to confirm the injury and prognosis.
- The parties negotiate. If they cannot agree, court proceedings are issued.
Claims with injury damages of £1,500 or less (£5,000 for most road traffic claims) are normally dealt with on the small claims track, where legal costs are not usually recoverable.
How are personal injury lawyers paid?
Many solicitors act on a conditional fee agreement (no win, no fee). If you win, the success fee you pay from your damages is capped at 25% of your general damages and past losses (not future losses), under the Conditional Fee Agreements Order 2013. Ask for the percentage, any insurance premium and what you would pay if you lose, in writing, before signing. Claims management companies must be authorised by the Financial Conduct Authority. Libra (operated by Tabled Technologies Limited) is not regulated as either a law firm or claims management company at the time of this update).
What are the key deadlines and time limits?
Note these dates early:
- Three years from the injury, or from your date of knowledge if later, to issue court proceedings (Limitation Act 1980, section 11)
- Children: three years from their 18th birthday
- Fatal accidents: generally three years from the date of death or the date of knowledge of the person the claim is for
- Defendant's acknowledgment of a letter of claim: 21 days, then up to three months to investigate liability
What should you do next?
- Get medical attention and keep records of your injury, treatment and recovery.
- Record the evidence: photos, witness names, accident book entries or police reference numbers, and receipts for your losses.
- Report the accident to the right place, such as your employer's accident book or your motor insurer.
- Ask Libra to explain whether you may have a claim, your time limit and how compensation is worked out.
- For a minor road traffic injury, consider whether the Official Injury Claim service applies.
- For more serious injuries or disputed liability, find a lawyer or clinic through Libra and ask clearly about fees before signing anything.
Frequently asked questions
How long do I have to make a personal injury claim?
Usually three years from the date of the accident, or from the date you first knew your injury was significant and linked to someone else's fault. For children, the three years start at 18. If you lack mental capacity, time does not run while that lasts.
How much compensation will I get for my injury?
It depends on the type and severity of injury, recovery time and your financial losses. General damages are valued using the Judicial College Guidelines and case law, and whiplash in road traffic claims uses a fixed tariff. Lost earnings and expenses are added on top as special damages.
Can I claim if the accident was partly my fault?
Often yes. The court can reduce your compensation by a percentage to reflect your share of blame, called contributory negligence. For example, failing to wear a seatbelt can reduce damages. You may still recover the rest of your compensation.
Do I need a solicitor for a whiplash claim?
Not necessarily. If you were a driver or passenger aged 18 or over and your injury is worth £5,000 or less, you can use the free Official Injury Claim service without a lawyer. More complex or higher value claims usually benefit from legal help.
Will I get into trouble with my employer for claiming?
You have legal protection against being dismissed or treated badly for raising genuine health and safety concerns, and compensation for accidents at work is normally paid by your employer's liability insurer, not the business itself. Report the accident in the accident book promptly.
What happens if I miss the three-year deadline?
The defendant can usually defend the claim simply because it is out of time. The court has a discretion under section 33 of the Limitation Act 1980 to allow a late claim, considering factors such as the reason for delay and any prejudice, but this is uncertain.
Can I claim if the driver who hit me was uninsured or drove off?
Yes, usually. The Motor Insurers' Bureau compensates victims of uninsured drivers and, under a separate scheme, untraced drivers such as hit and run. For an untraced driver you normally need to report the incident to the police promptly, and claim within the usual time limits. Keep evidence like dashcam footage and witness details.
Can I claim if a dog bit me?
Often yes. Under the Animals Act 1971 the keeper of a dog is usually strictly liable for injuries it causes where it is a dangerous animal or bites in circumstances the law recognises, and owners can also be negligent. Seek medical attention, photograph your injuries and identify the owner. The three-year time limit still applies.
Can I claim compensation on behalf of my child?
Yes, through an adult known as a litigation friend, usually a parent. The three-year time limit does not start to run until your child turns 18, so they can normally start their own claim until their 21st birthday. Any settlement for a child must be approved by the court to make sure it is fair.
Can I claim for medical negligence?
You must show that care fell below a reasonable standard and that this caused you harm or made your condition worse. This normally needs an independent medical expert's report, and these claims can be slow and complex. The usual three-year time limit runs from the date of the negligence or from when you first knew of it.
What evidence do I need for a personal injury claim?
Gather anything showing what happened and what it cost you: photographs of the hazard and injuries, witness names, accident book entries, medical records, receipts for expenses and payslips showing lost earnings. Report the accident to the responsible person or employer promptly, and keep a diary of symptoms. Do not post about the accident on social media.
Will I have to go to court to get my compensation?
Most personal injury claims settle without a trial. Your lawyer negotiates with the other side's insurer, and if the claim is not settled it can be issued in court, where it may still settle before a hearing. Small, low-value road claims can be completed online without a hearing, though you may need to attend if the case is contested.
Can I claim for psychological injury such as anxiety after an accident?
Yes. Recognised psychiatric illness, such as post-traumatic stress disorder or a clinical anxiety or depressive disorder caused by an accident, can be compensated alongside physical injury. Short-lived distress alone is not enough. You will usually need a medical or psychological report, so tell your doctor about all your symptoms, not only the physical ones.
Ask Libra
- What is the time limit for a personal injury claim?
- I slipped in a supermarket, do I have a claim?
- How does the whiplash tariff work for my car accident?
- Can I claim if a hit and run driver injured me?
- Can I make a claim on behalf of my injured child?
- I was injured at work, what are my rights?
Sources
- Limitation Act 1980, section 11
- The Whiplash Injury Regulations 2021
- Whiplash Injury (Amendment) Regulations 2025 (revised tariff)
- Official Injury Claim
- Pre-Action Protocol for Personal Injury Claims
- Civil Procedure Rules Part 26 (small claims track limits)
- Occupiers' Liability Act 1957
This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.
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