How to Make a Personal Injury Claim — Step by Step

Last reviewed: June 2026 · EA Personal Injury Solicitors

Making a personal injury claim involves several stages: seeking medical attention, gathering evidence, instructing a solicitor, sending a Letter of Claim, investigating liability, obtaining medical evidence, negotiating a settlement and, if necessary, issuing court proceedings. Most claims settle without going to court.

TL;DR — Quick Summary

Key Points

Seek medical attention and report the accident promptly.
Gather evidence — photographs, witness details, accident records.
Seek legal advice as soon as possible.
Your solicitor sends a formal Letter of Claim to the defendant.
Medical evidence is obtained through an independent examination.
Most claims settle through negotiation without going to court.

Step 1: Get Medical Treatment

Your health comes first. If you have been injured, seek medical attention as soon as possible — from A&E, your GP, or a paramedic. This creates a medical record of your injury at the time it happened, which will be important evidence later.

Do not delay seeking medical help in order to gather evidence. Get yourself checked over first.

Step 2: Report the Incident

If the accident happened at work, report it to your employer and ensure it is entered in the accident book. If it happened on the road and involved another vehicle, exchange details and report to the police if required. In a public place, report the incident to the manager and ask for their incident report reference.

Prompt reporting creates a contemporaneous record that can corroborate your account later.

Step 3: Gather Evidence at the Scene

If it is safe to do so, gather evidence at the scene:

Take photographs of the hazard, accident location, your visible injuries and any damage to property.
Get the names and contact details of witnesses.
Note details of the time, date, weather conditions and any other relevant factors.
In a road traffic accident, note the other driver's name, address, vehicle registration, and insurer details.

Step 4: Seek Legal Advice

Contact a solicitor as soon as possible. Most firms offer a free initial enquiry with no obligation. A solicitor will:

Listen to what happened and ask questions about the accident and your injuries.
Give you an initial view on whether you may have a claim.
Advise you on the strength of your evidence and what else you might need.
Explain the funding options, including no win, no fee.

You can contact us for a free initial enquiry or use our claim checker.

Step 5: Sign a Funding Agreement

If you instruct a solicitor, you will sign a funding agreement — usually a conditional fee agreement (CFA). This sets out the terms on which you are instructing the solicitor, including what costs you may pay if the claim succeeds or fails. Read the agreement carefully and ask questions before signing.

Step 6: Letter of Claim

Your solicitor will draft a Letter of Claim — a formal document that sets out:

What happened and when.
Who you believe was responsible and why.
The nature of your injuries and initial losses.
What you are claiming.

The letter is sent to the defendant (or their insurer) and triggers the pre-action protocol. The defendant then has a period to respond — usually 21 days to acknowledge and a further period (up to 3 months in some cases) to investigate and respond on liability.

Step 7: Investigating Liability

The defendant will investigate the accident and either admit or deny liability. If they admit liability, the focus moves to medical evidence and quantum (the value of the claim). If they deny liability, your solicitor will review the evidence and advise on next steps.

Step 8: Medical Evidence

An independent medical expert will examine you and produce a report on your injuries. This report:

Describes the injuries and how they were caused.
Gives a prognosis — how long recovery will take and whether there are permanent effects.
May recommend further treatment.

The report forms the basis for valuing your claim. You will be asked to review the report for accuracy before it is finalised.

Step 9: Valuing the Claim

Using the medical report and financial evidence, your solicitor will calculate the value of your claim — general damages for the injury, and special damages for your financial losses. This is used in negotiations with the defendant.

Step 10: Negotiation and Settlement

In most cases, the claim is resolved through negotiation. The defendant will make offers; your solicitor will advise whether they represent fair value. You are not obliged to accept any offer — the decision is always yours. Your solicitor will give you advice on the pros and cons of any offer.

If a fair settlement is agreed, your claim concludes and compensation is paid. If an offer cannot be agreed, court proceedings may be issued.

Step 11: Court Proceedings (If Necessary)

If the claim cannot be resolved through negotiation, court proceedings may be issued. This does not mean you will necessarily go to trial — many cases settle during the court process. A trial is the last resort.

Your solicitor will guide you through each step and advise you throughout. Most personal injury claims do not reach trial.

Frequently Asked Questions

What is the first step in making a personal injury claim?

The first step is to seek medical attention if you have not already done so. Then seek legal advice from a solicitor as soon as possible. Most solicitors offer a free initial enquiry so you can understand your options before committing to anything.

How long does a personal injury claim take?

Simple road traffic accident claims using the official portal can settle in a few months. More complex claims involving disputed liability, serious injuries or high-value losses typically take one to three years or more.

What is a Letter of Claim?

A Letter of Claim is a formal letter sent to the defendant or their insurer setting out your claim — what happened, who was responsible, the nature of your injuries, and the losses you have incurred. It formally notifies the defendant and starts the pre-action protocol process.

What is the pre-action protocol?

The pre-action protocol for personal injury claims sets out the steps that parties should follow before issuing court proceedings. It includes a Letter of Claim, a response period for the defendant, and a period for investigation and negotiation. Following the protocol encourages early settlement and avoids unnecessary litigation.

What happens if the other side denies liability?

If liability is denied, your solicitor will consider the strength of the evidence and advise on the options — including whether to issue court proceedings. Many cases that start with a denial of liability are resolved through negotiation before reaching trial.

Do I have to go to court?

Most personal injury claims settle before reaching court, through negotiation between solicitors. If a fair settlement cannot be agreed, court proceedings may be issued, but the case may still settle during the proceedings. Only a small minority of cases go to a full trial.

Published by EA Personal Injury Solicitors

Edward and Amaury Limited · SRA No. 800525

Verify the firm and its regulated people on the SRA Register. General information only; this is not legal advice.